Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698932018022.pdf (New Zealand)
Senior Courts Bill (Divided from the Judicature Modernisation Bill) Government Bill As reported from the committee of the whole House This Bill was formerly part of the Judicature Modernisation Bill as reported from the Justice and Electoral Committee.
The committee of the whole House has further amended the Bill and divided it into the following Bills: • • • • • • • • • • • • • • • • this Bill comprising clauses 1 and 2, Part 1, and Schedules 1A to 4 District Court Bill comprising Part 2 and Schedules 5 to 7 Judicial Review Procedure Bill comprising Part 3 and Schedule 8 Interest on Money Claims Bill comprising Part 4 and Schedules 9AAA, 9AA, and 9 Electronic Courts and Tribunals Bill comprising Part 5 Arbitration Amendment Bill comprising subpart 1 of Part 6 Bills of Exchange Amendment Bill comprising subpart 2 of Part 6 Building Societies Amendment Bill comprising subpart 3 of Part 6 Children, Young Persons, and Their Families Amendment Bill comprising sub- part 4 of Part 6 Companies Amendment Bill (No 2) comprising subpart 5 of Part 6 and Sched- ule 10 Contractual Remedies Amendment Bill comprising subpart 6 of Part 6 Copyright Amendment Bill (No 2) comprising subpart 7 of Part 6 Courts (Remote Participation) Amendment Bill comprising subpart 8 of Part 6 Criminal Procedure Amendment Bill comprising subpart 9 of Part 6 Employment Relations Amendment Bill (No 4) comprising subpart 10 of Part 6 Family Courts Amendment Bill comprising subpart 11 of Part 6 178—3A 2 • • • • • • • Senior Courts Bill Insolvency Amendment Bill comprising subpart 12 of Part 6 Local Government (Rating) Amendment Bill comprising subpart 13 of Part 6 Property Law Amendment Bill comprising subpart 14 of Part 6 Remuneration Authority Amendment Bill (No 2) comprising subpart 14A of Part 6 Resource Management Amendment Bill comprising subpart 15 of Part 6 Te Ture Whenua Maori Amendment Bill comprising subpart 16 of Part 6 Trans-Tasman Proceedings Amendment Bill comprising subpart 17 of Part 6 Senior Courts Bill Key to symbols used in reprinted bill As reported from the committee of the whole House text inserted text deleted Hon Amy Adams Senior Courts Bill Government Bill Contents Part 1 Preliminary provisions Title Commencement Purposes Interpretation This Act binds the Crown Part 2 High
 Court Constitution of High Court High Court continued Number of High Court Judges Seal Powers of High Court to be exercised by High Court Judges Sessions of High Court and adjournments Court offices Jurisdiction of High Court Jurisdiction of High Court Power to award damages as well as, or in substitution for, injunction or specific performance Jurisdiction in relation to persons who lack competence to manage their affairs When civil proceeding to be tried before Judge alone 178—3A Page 8 8 9 9 11 11 11 12 12 12 12 13 14 14 14 1 6A Senior Courts Bill Certain civil proceedings may be tried by High Court Judge with jury Question of foreign law must be decided by High Court Judge Proceedings in place of writs Panels of Judges Panels Jurisdiction of Associate Judges Associate Judge may exercise certain powers of High Court Ancillary powers of Associate Judge Rules conferring on Associate Judges specified jurisdiction and powers of High Court Judge in chambers Application of provisions relating to witnesses and contempt No power to order committal, attachment, or arrest Power to act as referee Transfer of proceeding to High Court Judge Appeals against decisions of Associate Judges Immunity of Associate Judges Jurisdiction of High Court Judges not affected Commissioners for oaths, affidavits, and affirmations Power to appoint Commissioners Effect of oath, affidavit, or affirmation Revocation of commission Registrars, Sheriffs, and officers of High Court Appointment of Registrars, Deputy Registrars, and other officers of High Court Powers of Registrars Sheriffs Powers of Sheriffs Sheriff not to act as lawyer or agent Service of process when Sheriff disqualified Persons arrested by Sheriffs may be committed to prison at once Miscellaneous matters Arrest of defendant about to leave New Zealand Witness not required to attend hearing of civil proceeding unless allowances and expenses paid Failure of witness to attend Refusal to give evidence High Court
 may require person to undergo medical examination 26A 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 2 Senior Courts Bill Part 3 Court of Appeal Constitution 43 44 45 46 48 49 51 52 53 54 55 56 57 58 59 60 61 62 62A 63 64 65 66 67 68 69 70 Court of Appeal continued Seal Court of Appeal to sit in divisions Composition of divisions Assignment of Judges to divisions Powers exercisable by Judges Court of Appeal to sit as full court in certain cases Cases of sufficient significance for full court Authority of High Court Judges to act as Judges of Court of Appeal Judgment of Court of Appeal Sessions of Court of Appeal Adjournments Jurisdiction Jurisdiction Court of Appeal may remit proceeding to High Court Judgment of Court of Appeal may be enforced by High Court Transfer of civil proceeding from High Court to Court of Appeal Appeals against decisions of High Court on appeal from District Court, Family Court, or Youth Court Reasons for granting or refusing leave to appeal Procedure if Judges absent Registrar and other officers of Court of Appeal Appointment of Registrar, Deputy Registrar, and other officers of Court of Appeal Powers of Registrar and Deputy Registrar Part 4 Supreme Court Preliminary matters Interpretation Constitution of Supreme Court Supreme Court continued Seal Jurisdiction of Supreme Court Appeals against decisions of Court of Appeal in civil cases proceedings Appeals against decisions of High Court in civil proceedings Appeals against decisions of other courts in civil proceedings 24 25 25 25 26 26 27 28 28 28 29 29 29 30 30 30 31 31 32 32 33 33 34 34 35 35 35 3 Senior Courts Bill Appeals against decisions in criminal proceedings Procedural requirements Leave to appeal Appeals to be by leave Criteria for leave to appeal No direct appeal from court other than Court of Appeal unless exceptional circumstances established Applications
 for leave Court to state reasons for refusal to give leave Powers and judgments of Supreme Court Appeals to proceed by way of rehearing General powers Power to remit proceeding Exercise of powers of court Orders and directions on interlocutory applications may be made or given by 1 Judge Presiding Judge Procedure if Judges absent Judgment of Supreme Court Decisions of Supreme Court may be enforced by High Court Registrar and other officers of Supreme Court Appointment of Registrar, Deputy Registrar, and other officers of Supreme Court Powers of Registrar Part 5 Senior court Judges Head Judges Head of New Zealand judiciary Head of Supreme Court Head of Court of Appeal Head of High Court Judicial appointment process Attorney-General to publish information concerning judicial appointment process Eligibility for appointment Eligibility for appointment as Judge or Associate Judge Eligibility for appointment as Court of Appeal Judge Eligibility for appointment as Supreme Court Judge Eligibility for appointment as Chief High Court Judge Eligibility for appointment as President of Court of Appeal Eligibility for appointment as Chief Justice Senior Courts Bill Appointments 100 101 101A 101B 102 104 Judges appointed by Governor-General Appointment as permanent Judge High Court Judge or Associate Judge may not hold lower judicial office Court of Appeal Judge continues as Judge of High Court Supreme Court Judge continues as Judge of High Court but no other court Terms and conditions of appointment not to be changed without consent 105 Attorney-General may authorise Judges to sit part-time Part-time Judges Acting Judges Acting Chief Justice Acting President of Court of Appeal Acting Chief High Court Judge Appointment of acting Judges of Supreme Court by Chief Justice Appointment of acting Judges of Supreme Court
 by Governor- General Appointment of acting Judges of Court of Appeal Appointment of acting Judges of High Court Appointment of acting Associate Judges Requirements before Attorney-General gives advice on appointment of acting Judge Term of appointment of acting Judges appointed by Governor- General Term of appointment of acting Associate Judges Jurisdiction, powers, protections, etc, of acting Judges Conclusive proof of authority to act Seniority of Judges Chief Justice most senior Judge Seniority of Supreme Court Judges Seniority of Court of Appeal Judges Seniority of High Court Judges Permanent Judges senior to acting Judges Seniority of acting Judges Seniority of Associate Judges Tenure of office Tenure of Chief Justice Tenure of President of Court of Appeal Tenure of Chief High Court Judge Senior Courts Bill Tenure of Supreme Court Judges, Court of Appeal Judges, High Court Judges, and Associate Judges Resignation Governor-General must approve certain resignations Judges to retire at 70 years Removal from office Salaries and allowances Salaries and allowances of permanent Judges and Associate Judges Salaries and allowances of part-time Judges Salaries and allowances of acting Judges Superannuation of acting Judges Superannuation or retiring allowances of Associate Judges Higher duties allowance Salary of Judge not to be reduced Restrictions Judge not to undertake other employment or hold other office Protocol relating to activities of Judges Judge not to practise as lawyer Part 6 Rules of court and miscellaneous provisions Rules of practice and procedure Purpose of rules of practice and procedure High Court Rules High Court Rules part of Act Rules of practice and procedure generally Rules of practice and procedure of High Court Rules of practice and procedure of Court of Appeal and
 Supreme Court Rules conferring specified jurisdiction and powers of High Court Judge on Registrars and Deputy Registrars Rules of practice and procedure under other Acts Power to prescribe procedure on applications to High Court, Court of Appeal, or Supreme Court Publication of High Court Rules under Legislation Act 2012 Publication of High Court Rules under Legislation Act 2012 Rules Committee Regulations Regulations Regulations providing for waiver, etc, of fees Postponement of fees Manner in which section 154 or 155 applications to be made Review of Registrar’s decision concerning fees 136A 137 138 139 140 141 142 143 144 144A 145 146 147 148 149 150 151 151 152 153 154 155 156 157 6 Senior Courts Bill 157A Judge or Registrar may waive certain fees Costs 158 Jurisdiction of court to award costs in all cases Appointment of technical advisers 159 160 Court of Appeal and Supreme Court may appoint technical advisers Appointment and other matters 161 Contempt of court Contempt Restriction on commencing or continuing proceeding Judge may make order restricting commencement or continuation of proceeding Grounds for making section 162 order Terms of section 162 order Procedure and appeals relating to section 162 orders Reserved judgments and publication of final judgments Reserved judgments Final written judgments to be published on Internet 162 163 164 165 166 167 168 Recusal guidelines Recusal Foreign creditors 170 Memorials of judgments obtained out of New Zealand may be registered Access to information 171 171A 171B Access to court records information, judicial information, or ministry Ministry of Justice information Sharing of permitted information with other departments Requirements that Registrars disclose information 172 Fees to be paid into Crown Bank Account Payment of fees collected Provisions and rules of general application 173
 174 175 176 Judicial officers to continue in office to complete proceedings Costs where intervener or counsel assisting court appears Judgment against one of several persons jointly liable not a bar to action against others Rules of equity prevail over rules of common law 178 Discharge of juror or jury Discharge of jurors 66 66 66 67 67 68 68 69 69 70 71 71 72 73 73 74 74 74 74 75 75 75 7 cl 1 179 180 181 182 183 Senior Courts Bill Repeals, revocations, consequential amendments, and savings and transitional provisions Repeals Consequential amendments Regulations continued Rules continued Transitional provisions · · · · · Schedule 1 High Court Rules Schedule 1A Consequential amendments to High Court Rules 2016 Schedule 2 Categories of information for purposes of sections 171 and 171A Schedule 3 Consequential amendments relating to Senior Courts Schedule 3A Consequential amendments relating to new publishing requirements for High Court Rules, etc Schedule 4 Transitional provisions relating to Senior Courts 76 76 76 76 77 78 79 87 90 104 113 The Parliament of New Zealand enacts as follows: 1 Title This Act is the Senior Courts Act 2016.
Commencement This Act comes into force on 1 March 2017.
Subsection (1) applies with the following exceptions: (a) the following provisions come into force on the day after the date of Royal assent: (i) (ii) (iii) (iv) (v) (vi) section 4, in relation to the definition of High Court Rules: sections 144A to 152: sections 171 and 171A: section 179(1AA): section 180(c): section 182: 5 10 2 (1) (2) 8 Senior Courts Bill Part 1 cl 4 (vii) Schedule 2: (viii) Schedule 3A: section 179(3) comes into force on 1 January 2018.
(b) Part 1 Preliminary provisions 5 3 (1) Purposes The purposes of this Act are to— (a) consolidate in a single statute the provisions of the Judicature Act 1908 and the Supreme Court Act 2003; and (b) continue the High Court, the Court of Appeal, and the Supreme Court, and provide for their— 10 (i) (ii) constitution and jurisdiction; and practice and procedure; and (iii) judicial and other officers, including their— (A) (B) selection; and appointment and conditions; and 15 (c) make provision for any other related matters; and (d) improve the transparency of court arrangements in a manner consistent with judicial independence.
(2) Nothing in this Act affects New Zealand’s continuing commitment to the rule 20 of law and the sovereignty of Parliament.
4 (1) Interpretation In this Act, unless the context otherwise requires,— Associate Judge means an Associate Judge of the High Court Chief High Court Judge— 25 (a) means the person holding that office under section 100; and (b) includes a Judge of the High Court acting in place of the Chief High Court Judge under section 108 Chief Justice means the Chief Justice of New Zealand holding office under section 100 30 Court of Appeal means the Court of Appeal of New Zealand continued under section 43 defendant means a person served or intended to be served with any application to the High Court for the exercise of its civil or criminal jurisdiction Gazette means the New Zealand Gazette 35 9 Part 1 cl 4 Senior Courts Bill High Court means the High Court of New Zealand continued under section 6 High Court Rules means the rules set out in Schedule 1, as amended from time to time High Court Rules 2016 that are part of this Act under section 144A 5 interlocutory application— (a) means any application to the High Court in any civil proceedings or criminal proceedings, or intended civil proceedings or intended criminal proceedings, for— (i) (ii) an order or a direction relating to a matter of procedure; or 10 in the case of civil proceedings, for some relief ancillary to that claimed in a pleading; and (c) includes an application to review an order made, or a direction given, on any application to which paragraph (a) applies Judge means a Judge of the High Court judgment includes decree lawyer has the meaning given to it by section 6 of the Lawyers and Convey- ancers Act 2006 medical practitioner means a health practitioner who is, or is deemed to be, registered with the Medical Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medicine Minister means the Minister or Ministers of the Crown who, under the authori- ty of any warrant or with the authority of the Prime Minister, is or are for the time being responsible for the
 administration of this Act plaintiff means a person who makes an application (other than an interlocutory application) to the High Court for the exercise of its civil or criminal jurisdic- tion President of the Court of Appeal means the Court of Appeal Judge holding office under section 100 Supreme Court means the Supreme Court of New Zealand continued under section 66 working day, in relation to the High Court and the Court of Appeal, means a day that is not— (a) (b) a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, An- zac Day, Labour Day, the Sovereign’s birthday, or Waitangi Labour Day; or the day observed as the anniversary day of the province in which the court is located; or 15 20 25 30 35 10 Senior Courts Bill Part 2 cl 6A (c) (cd) if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the fol- lowing Monday; or a day in the period commencing on 25 December in one year and ending with 15 January in the next year.
working day, in relation to the Supreme Court, has the meaning given in sec- tion 65.

5 (2) A reference in any enactment to a senior court in New Zealand must, unless the context otherwise requires, be read as a reference to the High Court, the Court of Appeal, or the Supreme Court.
(3) A reference in any enactment to a senior court of a country other than New 10 Zealand must, unless the context otherwise requires, be read as a reference to a court that has jurisdiction comparable to the jurisdiction of a senior court in New Zealand.

15 20 5 This Act binds the Crown This Act binds the Crown.

Part 2 High Court Constitution of High Court High Court continued There continues to be a High Court of New Zealand.
The High Court consists of— 6 (1) (2) (7) (8) (a) (b) the Chief Justice of New Zealand; and the other High Court Judges who are from time to time appointed.

The High Court is a court of record.

The High Court is the same court as the High Court continued by section 3(1) of the Judicature Act 1908.

25 Compare: 1908 No 89 s 4(1) 6A Number of High Court Judges (1) (2) The number of High Court Judges appointed from time to time referred to in section 6(2)(b) may not exceed 55.
For the purposes of subsection (1),— (a) a permanent Judge who is sitting on a full-time basis counts as 1: 30 (b) a permanent Judge who is sitting on a part-time basis counts as an appro- priate fraction of 1: (c) the aggregate number (for example 54.5) must not exceed 55.
35 11 (4) 7 (1) (2) 8 (1) (2) Part 2 cl 7 Senior Courts Bill (3) Despite subsection (1), the Governor-General may appoint more than 55 High Court Judges (additional Judges) if the Governor-General thinks that 1 or more additional Judges are required because of— (a) (b) the absence of any Judge on leave preliminary to retirement; or the anticipated absence of any Judge on leave preliminary to retirement.
5 The appointment of an additional Judge under subsection (3) must fill the vacancy next occurring in the office of Judge, not being a vacancy filled by an earlier appointment under subsection (3).

Seal The High Court must have a seal, and the Registrar of the court is responsible for the seal.

10 The seal must be used for sealing judgments, orders, certificates, and any other document issued by the court that must be sealed.
Compare: 1908 No 89 s 50 Powers of High Court to be exercised by High Court Judges The powers of the High Court may be exercised in any part of New Zealand by a High Court Judge or 2 or more High Court Judges.
Subsection (1) is subject to any enactment that— (a) requires the powers of the High Court to be exercised by the full court or by a specified number of High Court Judges; or (b) provides for the appointment of persons other than High Court Judges to sit with the High Court or as members of the court in any specified pro- ceeding or class of proceeding.
Compare: 1908 No 89 s 19 9 Sessions of High Court and adjournments (1) A High Court Judge may hold a session of the High Court at any time and place the Judge thinks fit.

(2) A High Court Judge may adjourn a session of the High Court to a time and place the Judge thinks fit.

If a High Court Judge is not present at the time appointed for a session of the court, a Registrar must adjourn the session and may determine the time and place of the next session.
Compare: 1908 No 89 s 52 Court offices The Governor-General may, by notice in the Gazette, declare that an office of the High Court is established at a place and on and after a date stated in the notice.

(3) 10 (1) 12 15 20 25 30 35 Senior Courts Bill Part 2 cl 11 (2) (3) The Governor-General may, by notice in the Gazette, abolish an office of the High Court.
The following provisions apply on the abolition of an office of the High Court (the abolished office): (a) the Minister may direct that the documents and records in the abolished office must be transferred to another office of the court (the substituted office): 5 (b) when delivered to the Registrar of the substituted office, the documents and records become subject to the custody of that Registrar: (c) (d) (e) (f) the Registrar of the substituted office may do anything that could under an enactment or a rule have been done by the Registrar of the abolished office: a step in a proceeding that could under an enactment or a rule have been taken in the abolished office may be taken in the substituted office: an act or a thing required or authorised by an enactment or a rule to be done by a person at the abolished office in relation to a proceeding or transaction or document may be done by a person at the substituted office: an address for service given by a party in relation to a proceeding in the abolished office continues to be the address for service of the party, but if the address does not comply with any enactment or rule the party must give a new address for service on first filing a document in the proceed- ing in the substituted office: 10 15 20 (g) a High Court Judge may— (i) decide a question as to the application of this section or the pro- cedure to be followed; and 25 (ii) make any order the Judge thinks fit.
Compare: 1908 No 89 s 23A Jurisdiction of High Court 11 Jurisdiction of High Court The High Court has— (a) (b) the jurisdiction that it had on the commencement of this Act; and the judicial jurisdiction that may be necessary to administer the laws of New Zealand; and (c) the jurisdiction conferred on it by any other Act.
Compare: 1908 No 89 s 16 30 35 13 Part 2 cl 12 Senior Courts Bill 12 Power to award damages as well as, or in substitution for, injunction or specific performance The High Court may award damages in addition to or in substitution for an in- junction or specific performance.
Compare: 1908 No 89 s 16A 13 Jurisdiction in relation to persons who lack competence to manage their affairs (1) The High Court has jurisdiction and control in relation to— (a) mentally impaired persons who, in the opinion of the court, lack wholly or partly the competence to manage their own affairs; and (b) the property and managers of those persons.

(2) Subsection (1) is subject to other enactments making provision in relation to those persons or their property or managers.
Compare: 1908 No 89 s 17 14 When civil proceeding to be tried before Judge alone (1) A civil proceeding must be tried before a High Court Judge sitting alone.

(2) This section is subject to section 15.


Compare: 1908 No 89 s 19B 15 Certain civil proceedings may be tried by High Court Judge with jury (1) Any party to a proceeding for defamation, false imprisonment, or malicious prosecution may, on giving notice in accordance with the High Court Rules, re- quire the proceeding to be tried by a High Court Judge with a jury.
(2) Any party to a counterclaim in a proceeding for defamation, false imprison- ment, or malicious prosecution may, on giving notice in accordance with the High Court Rules, require the counterclaim to be tried by a High Court Judge with a jury.

(3) If a notice is given under subsection (1) or (2), the proceeding or counter- claim must be tried in accordance with the subsection that applies.
(3A) A High Court Judge may, on the application of either party, order that a pro- ceeding for defamation, false imprisonment, or malicious prosecution or any issue in the proceeding be tried before a Judge without a jury if it appears to the Judge before the trial that the trial of the proceeding or the issue will— (a) (b) involve mainly the consideration of difficult questions of law; or require any prolonged examination of documents or accounts, or any in- vestigation in which difficult questions in relation to scientific, technical, business, or professional matters are likely to arise, being an examin- ation or investigation which that cannot conveniently be made with a ju- ry.
14 Senior Courts Bill Part 2 cl 17 (3B) A proceeding for defamation, false imprisonment, or malicious prosecution that also contains other causes of action may be tried only before a High Court Judge without a jury.

(4) No civil proceeding other than for defamation, false imprisonment, or mali- cious prosecution may be tried by a High Court Judge with a jury.
5 Compare: 1908 No 89 s 19A(1)–(5) 16 Question of foreign law must be decided by High Court Judge (1) A question about the effect of evidence of a foreign law that arises in a civil or criminal proceeding that is tried by a High Court Judge with a jury must be de- cided by the Judge alone.

10 (2) 17 (1) This section overrides section 15.


Compare: 1908 No 89 s 19C Proceedings in place of writs This section applies in any case where, before the commencement of the Judi- cature Amendment Act (No 2) 1985,— 15 (a) (b) the High Court had jurisdiction to grant relief or a remedy or do any other thing by way of a writ; or the High Court could issue a writ for the commencement or conduct of a proceeding or in relation to a proceeding.
(2) If this section applies,— (a) (b) (c) (d) the court continues to have jurisdiction to grant the relief or remedy or to do the thing; but the court may not issue the writ; and the court may grant the remedy or relief or do the thing by way of a judgment or an order in accordance with this Act and the High Court Rules; and a proceeding for the remedy or relief or for the court to do the thing must be commenced and conducted in accordance with this Act and the High Court Rules.
(3) This section does not apply to— (a) (b) a writ of habeas corpus under the Habeas Corpus Act 2001; or any writ of execution for the enforcement of a judgment or an order of the court; or (c) any writ in aid of any writ of execution.

(4) Subsection (3) is subject to the High Court Rules.
Compare: 1908 No 89 s 98A 20 25 30 35 15 Part 2 cl 18 Senior Courts Bill 18 (1) (2) (3) (4) (5) Panels of Judges Panels The commercial panel of the High Court from which Judges may be selected to hear and determine commercial proceedings is established and may operate subject to this section.
5 The Governor-General may, by Order in Council made on the recommendation of the Attorney-General after consultation with the Chief Justice and the Chief High Court Judge,— (a) (b) (c) specify a commencement date for the operation of the commercial panel: specify the types of proceedings that may be assigned to the commercial panel: 10 if the Governor-General considers it necessary, provide for the commer- cial panel to cease its operations on or from a specified date.
The Chief High Court Judge, in consultation with the Attorney-General and the Chief Justice, may establish other panels of High Court Judges for the purposes of dealing with proceedings other than commercial proceedings.

The Chief High Court Judge may determine how many High Court Judges are to be on the commercial panel or any other panel and assign Judges to the pan- els.
The Chief High Court Judge may decide the basis on which cases are to be dis- tributed as between Judges on the commercial panel or another panel and Judg- es who are not on any panel.

(6) A party may nominate that the party’s case be dealt with by a Judge on a panel and the Chief High Court Judge may assign to the case a Judge or Judges from a panel.
Jurisdiction of Associate Judges 19 Associate Judge may exercise certain powers of High Court (1) An Associate Judge has the jurisdiction and powers of the High Court in rela- tion to the following matters: (a) (b) an application for summary judgment: an application to stay or dismiss an application for the appointment of a liquidator under the Companies Act 1993: (ba) reinstating a company to the Register of Companies: (bb) any matter arising under the Insolvency Act 1967: (bc) case management of proceedings under the Admiralty Act 1973: 35 16 15 20 25 30 Senior Courts Bill Part 2 cl 19 (c) (d) (e) (f) (g) (h) a proceeding in which relief is claimed solely under any of sections 140, 143, 144, 145, 145A, and 148 of the Land Transfer Act 1952 (which re- late to caveats): an assessment of damages where liability has been determined or the tri- al of a proceeding in which only the amount of a debt or damages is in dispute: 5 the entry of a judgment by consent or the making of an order by consent: the making of an order (other than an arrest order or an order relating to an arrest order) that may be made under the High Court Rules against a judgment debtor who has been ordered to attend the court for an examin- ation: 10 the making, variation, suspension, or discharge of an attachment order under the High Court Rules: any other matter that an Associate Judge has jurisdiction to deal with under an enactment.
15 (2) An Associate Judge has the jurisdiction and powers of the court or a High Court Judge under the following enactments: (a) (b) (c) (d) (e) (f) (g) (h) article 11 of Schedule 1 of the Arbitration Act 1996: sections 123, 154, 165 to 168, 173, 179, 232 to 234, 236 to 238, Part 15A, and Part 16, and section 329 of the Companies Act 1993: 20 section 42(2) of the Corporations (Investigations and Management) Act 1989: the Insolvency Act 2006 (except sections 150, 166(3), 180, and 236(2)): regulations or rules made under the Insolvency Act 2006: regulations relating to liquidations made under the Companies Act 1993: 25 sections 118, 128, 131, 167, 168, 170, 179, 181, 182, and 186 of the Per- sonal Property Securities Act 1999: the Model Law on Cross-Border Insolvency as set out in Schedule 1 of the Insolvency (Cross-border) Act 2006.
(3) An Associate Judge may adjourn a proceeding even though the Associate 30 Judge does not have jurisdiction in relation to the proceeding.

(4) An Associate Judge has the jurisdiction and powers of the court to deal with costs and other matters incidental to the matters over which the Associate Judge has jurisdiction under this section.
(5) Rules made under section 145 or under any other Act in the same manner as rules under that section may contain any provisions that may be necessary to enable the proper exercise by Associate Judges of the jurisdiction and powers conferred by this section.
35 Compare: 1908 No 89 ss 26I(1)–(3), (4)(a), 26O 17 Part 2 cl 20 Senior Courts Bill 20 Ancillary powers of Associate Judge (1) An Associate Judge has, in relation to a proceeding (including a proceeding on an interlocutory application) that is properly before the Associate Judge, the same jurisdiction and power to make an order or exercise an authority as a Judge of the High Court.

5 (2) Despite subsection (1), an Associate Judge does not have the jurisdiction or powers referred to in section 21(4).
Compare: 1908 No 89 s 26IA 21 (1) (2) (3) Rules conferring on Associate Judges specified jurisdiction and powers of High Court Judge in chambers 10 Rules made under section 145 and rules made under any other Act in the manner provided in that section may confer on an Associate Judge the jurisdic- tion and powers of a High Court Judge in chambers specified in the rules.

The rules may specify limitations and restrictions on the jurisdiction and powers.
15 The rules may contain any provisions that may be necessary to enable the prop- er exercise by Associate Judges of the jurisdiction and powers so conferred.
(4) Despite subsection (1), no rules may be made that confer on Associate Judg- es jurisdiction and power in relation to any of the following: (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) a criminal proceeding other than an uncontested application for bail or an application to set aside a witness summons: 20 an application for a writ of habeas corpus: a proceeding for the issue or renewal of a writ of sequestration: a proceeding under the Care of Children Act 2004: an action in rem under the Admiralty Act 1973: 25 an application to review, or appeal against, the exercise, or the refusal to exercise, by a Registrar or a Deputy Registrar of any jurisdiction or pow- er conferred on a Registrar or Deputy Registrar by this Act or any other enactment: an application for a search order or an interlocutory or a permanent in- junction: 30 an application for review or other relief under Part 3 of the Judica- ture Modernisation Act 2013: a proceeding for a writ or an order in the nature of mandamus, prohib- ition, or certiorari, or for a declaration or an injunction: 35 a proceeding to remove a person from public office: a proceeding to try the right of a person to hold public office.
Compare: 1908 No 89 s 26J 18 Senior Courts Bill Part 2 cl 26A 22 Application of provisions relating to witnesses and contempt Sections 40, 41, and 161 (which relate to the power to deal with witnesses and contempt) apply to a proceeding before an Associate Judge in the same way as they apply to a proceeding before a High Court Judge.
Compare: 1908 No 89 s 26K 23 No power to order committal, attachment, or arrest (1) An Associate Judge does not have power to make an order for the committal, attachment, or arrest of a person.

(2) This section is subject to section 22.

Compare: 1908 No 89 s 26L 24 Power to act as referee An Associate Judge may act as a referee under the High Court Rules in a pro- ceeding or on a question that arises in a proceeding.
Compare: 1908 No 89 s 26M 25 Transfer of proceeding to High Court Judge (1) An Associate Judge may, on the application of a party to a proceeding before the Associate Judge or on the Associate Judge’s own initiative, refer the pro- ceeding or a matter in the proceeding to a High Court Judge if the Associate Judge is satisfied that because of the complexity of the proceeding or matter it is desirable to do so.
(2) A High Court Judge may, on the application of a party to a proceeding that is being or is to be dealt with by an Associate Judge, order that the proceeding or any part of it be transferred to and dealt with by a High Court Judge if the Judge making the order is satisfied that it is desirable to do so.

(3) A High Court Judge may— (a) (b) dispose of the proceeding; or refer the proceeding or matter back to the Associate Judge with any di- rections the High Court Judge thinks fit.
Compare: 1908 No 89 s 26N 26 Appeals against decisions of Associate Judges (1) A party to any proceedings may appeal to the Court of Appeal against any order or decision of an Associate Judge in those proceedings.

(2) Section 57 applies to an appeal under subsection (1).

Compare: 1908 No 89 s 26P(1)–, (1A), (3) 26A Immunity of Associate Judges Every Associate Judge has the same immunities as a Judge of the High Court.
Compare: 1908 No 89 s 26Q 19 Part 2 cl 27 Senior Courts Bill 27 Jurisdiction of High Court Judges not affected Nothing in this Act or the High Court Rules prevents the exercise by a High Court Judge of the jurisdiction and powers conferred on an Associate Judge by this Act or those rules.
Compare: 1908 No 89 s 26R 5 Commissioners for oaths, affidavits, and affirmations 28 Power to appoint Commissioners (1) A High Court Judge may appoint a person to be a Commissioner of the High Court to administer and take an oath, affidavit, or affirmation outside New Zea- land in connection with a proceeding or matter before a court in New Zealand.

10 (2) Notification of the appointment must be published in the Gazette.
Compare: 1908 No 89 s 47 29 Effect of oath, affidavit, or affirmation An oath, affidavit, or affirmation administered or taken by a Commissioner has the same effect as if it had been administered or taken by a person authorised to administer or take the oath, affidavit, or affirmation in New Zealand.

Compare: 1908 No 89 s 48 30 Revocation of commission (1) A High Court Judge may revoke a commission for any reason the Judge con- siders sufficient.
(2) Revocation of a commission does not affect the validity of anything done by the Commissioner before notice of the revocation was given or sent to the Commissioner.

(3) Notice of the revocation and of the date on which it was given or sent to the Commissioner must be published in the Gazette.
Compare: 1908 No 89 s 49 Registrars, Sheriffs, and officers of High Court 15 20 25 31 Appointment of Registrars, Deputy Registrars, and other officers of High Court Registrars, Deputy Registrars, and other officers may be appointed under the State Sector Act 1988 for the conduct of the business of the High Court.
30 Compare: 1908 No 89 s 27 32 Powers of Registrars (1) A Registrar has the duties and powers— (a) conferred by this Act, any other enactment, or the High Court Rules: 35 20 Senior Courts Bill Part 2 cl 37 (b) necessary or desirable to ensure the efficient and effective administration of the business of the High Court.

(2) A Deputy Registrar has the same duties and powers as a Registrar.

(3) Subsection (2) is subject to a provision to the contrary in any other enact- ment or the High Court Rules.
5 Compare: 1908 No 89 s 28 33 Sheriffs (1) A Registrar is also a Sheriff for New Zealand.

(2) Deputy Sheriffs may be appointed under the State Sector Act 1988 for offices of the High Court.

(3) In the absence of the Sheriff or when acting for the Sheriff, a Deputy Sheriff has the same duties and powers as a Sheriff.
Compare: 1908 No 89 s 29 34 Powers of Sheriffs A Sheriff has— 10 15 (a) (b) (c) (d) the power to enforce an order of the High Court: the power to serve a process of the High Court: the power to arrest a person in accordance with an order of the High Court: any other powers conferred by this Act, any other enactment, or the High Court Rules.
20 Compare: 1908 No 89 s 32 35 Sheriff not to act as lawyer or agent No Sheriff may be in any way concerned in any action in any court in New Zealand either as a lawyer or as an agent.

25 36 (1) Compare: 1908 No 89 s 34 Service of process when Sheriff disqualified If the Sheriff is disqualified by law from executing any process that has been issued, the court must authorise a fit person to execute the process.

(2) The cause of the process must be entered in the records of the court.
30 Compare: 1908 No 89 s 35 37 Persons arrested by Sheriffs may be committed to prison at once A Sheriff, Sheriff’s officer, bailiff, or any other person employed to assist the Sheriff who arrests any person under or by virtue of any writ or process that 21 Part 2 cl 38 Senior Courts Bill authorises the committal of the arrested person may, without delay, take steps to have the arrested person taken to a prison and committed there.
Compare: 1908 No 89 s 36 Miscellaneous matters 38 Arrest of defendant about to leave New Zealand 5 (1) A Judge may, on the application of a plaintiff in a proceeding to recover an amount of money, issue a warrant to arrest a defendant in the proceeding and bring the defendant before the court.
(2) A Judge must not issue a warrant unless the Judge is satisfied that— (a) (b) the plaintiff has a good cause of action against the defendant; and 10 there are reasonable grounds to suspect that the defendant is about to leave New Zealand with the intention of evading payment of the amount claimed.
(3) (4) The Judge may require the applicant for the warrant to deposit in the court an amount not exceeding the amount claimed in the proceeding or give a surety for that amount for the purposes of payment of any compensation that may be ordered to be paid to the defendant under subsection (9).

The defendant must be brought before the court unless the amount claimed in the proceeding is paid to the plaintiff before the warrant is executed.
(5) The Judge may— (a) (b) release the defendant; or release the defendant on bail on any terms and conditions the Judge thinks fit and with a surety of an amount the Judge thinks fit (but not ex- ceeding the amount claimed in the proceeding and costs) or without a surety; or (c) remand the defendant in custody.

(6) A defendant who is remanded in custody must be brought before the court within 4 days after the date of the order.
(7) A defendant arrested under the warrant may either give to the enforcing officer or deposit in the court the amount shown on the warrant as the amount of the claim plus costs.

If the defendant does so, he or she must be released and the amount must be retained and,— 15 20 25 30 (a) (b) if judgment in the proceeding is given in favour of the plaintiff, paid or applied in accordance with the judgment; or if judgment in the proceeding is given in favour of the defendant, paid to the defendant.
35 (8) The Judge may,— 22 Senior Courts Bill Part 2 cl 41 (a) if the defendant consents, hear and determine the proceeding at the time the defendant is brought before the court; or (b) fix a date and time for the hearing of the proceeding.

(9) If judgment is given for the defendant, the Judge may order that the defendant be paid compensation for his or her arrest or arrest and detention of an amount not exceeding $2,000 $10,000.
5 (10) Where a Judge is not available though absence, illness, or any other cause, a Registrar may exercise any of the powers conferred on a Judge by subsec- tions (1) to (3) and (5)(a) and (b).
Compare: 1908 No 89 s 55; 1947 No 16 ss 109, 110 39 Witness not required to attend hearing of civil proceeding unless allowances and expenses paid A witness is not required to attend the hearing of a civil proceeding in the High Court unless allowances and travelling expenses in accordance with regulations made under the Criminal Procedure Act 2011 have been paid or tendered to the witness— (a) (b) at the time of service on the witness of the subpoena; or a reasonable time before the hearing.
40 (1) (2) Compare: 1908 No 89 s 56A(3) Failure of witness to attend The High Court may, in civil proceedings, issue a warrant to arrest and bring before the court a witness who— (a) (b) (c) is compellable to attend the court to give evidence; and has been summoned to attend the court to give evidence; and fails to attend the court.
The High Court may impose a fine not exceeding $1,000 on a witness brought before the court under subsection (1) who did does not have a reasonable ex- cuse for failing to attend the court.

(3) The onus of proving a reasonable excuse is on the witness.
10 15 20 25 30 Compare: 1908 No 89 s 56A(1), (2) Refusal to give evidence 41 (1) This section applies to a witness in a civil proceeding who, without reasonable excuse,— (a) (b) refuses to give evidence when required; or refuses to produce a document the witness has been required to produce; or 35 (c) refuses to be sworn; or 23 Part 2 cl 42 Senior Courts Bill (d) having been sworn, refuses to answer a question.
The High Court may order that, unless the witness complies with subsection (1), the witness is to be detained in custody for a period not exceeding 7 days and may issue a warrant to arrest and detain the witness.

The High Court may exercise the powers in subsection (2) if the witness is again brought before the court, whether on 1 or more occasions, and still fails to comply with subsection (1).

This section does not limit the power of the High Court to punish the witness for contempt.
Compare: 1908 No 89 s 56B High Court may require person to undergo medical examination The High Court may order a party to a civil proceeding to undergo a medical examination by a registered medical practitioner at a time and place specified in the order if the court is satisfied, in the interests of justice, that the physical or mental condition of the person is relevant to a matter in the proceeding.
The person to be examined may have a registered medical practitioner of the person’s own choice present at the examination.

The court may order a party seeking the order to pay to the person to be exam- ined a reasonable sum to meet— 5 10 15 (a) (b) the person’s travelling and other expenses in connection with the exam- ination; and 20 the expenses of having a registered medical practitioner chosen by the person attend the examination.
The person to be examined must do the things reasonably requested and answer the reasonable questions asked by the medical practitioner who conducts the examination.

25 If the person to be examined fails, without reasonable excuse, to comply with the order or wilfully obstructs the medical examination, the High Court may— (a) (b) stay the proceeding; or strike out a notice, statement, or other document filed, or a step taken, in the proceeding by the person to be examined.
30 Compare: 1908 No 89 s 100 Part 3 Court of Appeal Constitution 35 Court of Appeal continued There continues to be a Court of Appeal of New Zealand.
(2) (3) (4) 42 (1) (2) (3) (4) (5) 43 (1) 24 Senior Courts Bill Part 3 cl 46 (2) The Court of Appeal consists of— (a) (b) a Judge of the High Court appointed by the Governor-General as a Judge of the Court of Appeal and as President of that court; and no fewer than 5 nor more than 9 other Judges of the High Court appoin- ted by the Governor-General as Judges of the Court of Appeal.

5 The Court of Appeal is a court of record.


The Court of Appeal is the same court as the Court of Appeal continued by section 57 of the Judicature Act 1908.

Compare: 1908 No 89 s 57(1), (2) Seal The Court of Appeal must have a seal, and the Registrar of the court is respon- sible for the seal.

The seal must be used for sealing judgments, orders, certificates, and any other document issued by the court that must be sealed.
Compare: 1908 No 89 s 74 Court of Appeal to sit in divisions For the purposes of proceedings in the Court of Appeal, the Court of Appeal sits in divisions comprising 3 Judges.

(3) (4) 44 (1) (2) 45 (1) (3) Each division may exercise all the powers of the Court of Appeal.

(4) A division may exercise the powers of the Court of Appeal even though 1 or more divisions of the court or a full court exercises those powers at the same time.
(5) A majority of the members of a division may, if they consider it desirable, refer a proceeding, or state a case, or reserve a question for consideration by a full court of the Court of Appeal.

A full court has power to hear and determine the proceeding, case, or question.
46 (1) Compare: 1908 No 89 s 58 Composition of divisions For the purposes of a proceeding that is heard by a division, the Court of Ap- peal comprises— 30 (a) (b) (c) 3 Judges of the Court of Appeal holding office under section 43(2) or 111; or 2 Judges of the Court of Appeal holding office under section 43(2) or 111 and 1 Judge of the High Court appointed under subsection (2); or 1 Judge of the Court of Appeal holding office under section 43(2) or 111 and 2 Judges of the High Court appointed under subsection (2).
35 25 10 15 20 25 Part 3 cl 48 Senior Courts Bill (2) (3) The President of the Court of Appeal and the Chief High Court Judge may jointly appoint Judges of the High Court to be members of the Court of Appeal for the purposes of any proceedings.

Judges may be appointed under subsection (2) either— (a) in respect of a specified case or specified cases; or (b) in respect of every case to be heard by the Court of Appeal during a spe- cified period not exceeding 3 months.
(4) An appointment under subsection (2) may be made for 1 or more 3-month periods, but no Judge may be a member of the Court of Appeal under that sub- section for more than 4 months in any calendar year.

(5) (6) Section 173 applies to an appointment under subsection (2) despite any- thing in subsection (3) or (4).

Each division may exercise all the powers of the Court of Appeal.
(7) A division may exercise the powers of the Court of Appeal even though 1 or more divisions of the court or a full court exercises those powers at the same time.

(8) A majority of the members of a division may, if they consider it desirable, refer a proceeding, or state a case, or reserve a question for consideration by a full court of the Court of Appeal.

A full court has power to hear and determine the proceeding, case, or question.
Compare: 1908 No 89 ss 58A, 58B Assignment of Judges to divisions Judges are assigned to act as members of a criminal or civil division of the Court of Appeal in accordance with a procedure adopted from time to time by the Judges of the Court of Appeal holding office under section 43(2).

The President of the Court of Appeal must publish the procedure on an Internet site maintained by or on behalf of the court.
Compare: 1908 No 89 s 58C Powers exercisable by Judges 48 (1) (2) 49 (1) This section applies to all proceedings before the Court of Appeal other than proceedings under the Criminal Procedure Act 2011.
30 (2) Any 2 or more Judges of the Court of Appeal may act as the court to deter- mine— (a) (b) (c) any contested application for leave to appeal: any contested application for an extension of time to appeal: 35 any other contested application or matter (other than an appeal) that ef- fectively determines or disposes of the substantive proceeding.
26 Senior Courts Bill Part 3 cl 51 (3) A single Judge of the Court of Appeal may act as the court to determine any uncontested application of the kind referred to in subsection (2) or other un- contested matter in the court (other than an appeal).
(4) (5) (6) If a single Judge acting under subsection (2) (3) determines not to grant an application or not to resolve a matter in favour of a party, the party may apply to have the Judge’s determination confirmed reviewed by 2 or more Judges of the Court of Appeal.

The Judges who determine an application under subsection (4) may confirm, modify, or reverse the single Judge’s determination.
Every application or matter dealt with under this section must be determined on the papers, unless the Judge or Judges order that it be determined at an oral hearing or in any other manner considered just by the Judge or Judges.
5 10 (6) A single Judge of the Court of Appeal may— (a) review a decision of the Registrar made within the civil jurisdiction of the court under— 15 (i) (ii) a power conferred on the Registrar by a rule made under section 145; or in the exercise of the powers under section 64(1)(b); and (b) confirm, modify, or revoke that decision as the Judge thinks fit.
(7) Unless otherwise directed by the court— (a) every application and matter dealt with under this section must be deter- mined on the papers; and (b) every review under this section must be conducted on the papers.
Compare: 1908 No 89 s 61A(1), (2) 51 (1) Court of Appeal to sit as full court in certain cases The Court of Appeal must sit as a full court to hear and determine— 20 25 (a) (b) (c) cases that are considered, in accordance with the procedure adopted under section 52, to be of sufficient significance to warrant the consid- eration of a full court: a proceeding, case, or question referred under section 45(5) for hearing and determination by a full court: 30 an appeal from a decision of the Court Martial Appeal Court under sec- tion 10 of the Court Martial Appeals Act 1953.
(2) A full court of the Court of Appeal consists of 5 Judges.

(3) A full court is constituted only by Judges of the Court of Appeal holding office 35 under section 43(2).
27 Part 3 cl 52 Senior Courts Bill (4) Despite subsection (2), it is not necessary for a proceeding to be reheard if, before the determination of the proceeding, 1 or more members of the full court before whom the proceeding is being or was heard— (5) 52 (1) (2) 53 (1) 54 (1) (2) (a) (b) (c) dies; or becomes seriously ill; or is unavailable for any other reason.
The remaining members of the full court may continue to act as a full court for the purposes of this section and have power to determine the proceeding or any incidental matter, including the question of costs, that may arise in the proceed- ing.
Compare: 1908 No 89 s 58D Cases of sufficient significance for full court The question whether a case is of sufficient significance to warrant the consid- eration of a full court must be determined in accordance with the procedure adopted by the Judges of the Court of Appeal holding office under section 43(2).

The President of the Court of Appeal must publish the procedure on an Internet site maintained by or on behalf of the court.
Compare: 1908 No 89 s 58E 5 10 15 Authority of High Court Judges to act as Judges of Court of Appeal 20 The fact that a High Court Judge acts as a Judge of the Court of Appeal is con- clusive evidence of the Judge’s authority to do so.

No judgment or determin- ation given or made by the Court of Appeal while the Judge so acts may be questioned on the ground that the occasion for the Judge acting had not arisen or had ceased to exist.
25 30 (2) A Judge of the High Court who has acted as a Judge of the Court of Appeal may attend sessions of the Court of Appeal for the purpose of giving a judg- ment or imposing a sentence or completing a proceeding heard by the Court of Appeal while the Judge acted as a Judge of the court.

Compare: 1908 No 89 s 58G Judgment of Court of Appeal The judgment of the Court of Appeal must be in accordance with the opinion of a majority of the Judges hearing the proceeding.
If the Judges are equally divided, the judgment or order appealed from or under review is taken as affirmed.

35 (3) A judgment of the Court of Appeal may be given in the manner prescribed by rules made under section 145.

Compare: 1908 No 89 s 59 28 Senior Courts Bill Part 3 cl 57 Sessions of Court of Appeal The President of the Court of Appeal presides at a session of the court at which he or she is present.

If the President is not present, the senior Judge of the Court of Appeal who is present presides.
5 Compare: 1908 No 89 s 60(2), (3) Adjournments The Court of Appeal may adjourn a session of the court to a time and place appointed by the court.

55 (1) (2) 56 (1) (2) One of more Judges of the Court of Appeal may adjourn a session of the Court of Appeal to a time and place appointed by the Judge or Judges if it is neces- sary to do so because 1 or more Judges of the Court of Appeal are not present at the session.
(3) If none of the Judges is present at the time appointed for a session of the court, the Registrar of the Court of Appeal must adjourn the session and may deter- mine the time and place of the next session.
Compare: 1908 No 89 ss 60(4), 61 Jurisdiction 57 (1) Jurisdiction The Court of Appeal may hear and determine appeals— 10 15 20 (a) (b) (c) from a judgment, decree, or order of the High Court: under the Criminal Procedure Act 2011: from any court or tribunal under any other Act that confers on the Court of Appeal jurisdiction and power to hear and determine an appeal.

(2) Subsection (1) is subject to subsections (2A) and (4) and to rules made under section 145.
25 (2A) No appeal, except an appeal under subsection (3), lies from any order or de- cision of the High Court made on an interlocutory application in respect of any civil proceeding unless leave to appeal to the Court of Appeal is given by the High Court on application made within 20 working days after the date of that order or decision or within any further time that the High Court may allow.
30 (3) Any party to any proceedings may appeal without leave to the Court of Appeal against any order or decision of the High Court— (a) striking out or dismissing the whole or part of a proceeding, claim, or defence; or 35 (b) granting summary judgment.
29 Part 3 cl 58 Senior Courts Bill (4) (5) If the High Court refuses leave to appeal under subsection (2A), the Court of Appeal may grant that leave on application made to the Court of Appeal within 20 working days after the date of the refusal of leave by the High Court.
If leave to appeal under subsection (2A) or (4) is refused in respect of an order or a decision of the High Court made on an interlocutory application, nothing in this section prevents any point raised in the application for leave to appeal from being raised in an appeal against the substantive High Court deci- sion.
Compare: 1908 No 89 s 66 58 Court of Appeal may remit proceeding to High Court The Court of Appeal may— (a) (b) remit a proceeding to the High Court; or order a new trial in the High Court of a civil or criminal proceeding that is the subject of an appeal to the Court of Appeal.

Compare: 1908 No 89 s 62 59 Judgment of Court of Appeal may be enforced by High Court A judgment, an order, or a decree of the Court of Appeal may be enforced by the High Court as if it had been given or made by the High Court.
Compare: 1908 No 89 s 63 5 10 15 60 Transfer of civil proceeding from High Court to Court of Appeal 20 (1) A party to a civil proceeding in the High Court may apply for an order transfer- ring the proceeding to the Court of Appeal.

(2) In determining whether to make an order transferring the proceeding, the Court of Appeal must be satisfied that the circumstances of the proceeding are excep- tional.
(3) Without limiting subsection (2), the circumstances may be exceptional if— (a) the party to the proceeding intends to submit that a relevant decision of the Court of Appeal should be overruled: (b) the proceeding raises an issue of considerable public importance that— (i) (ii) needs to be determined urgently; and is unlikely to be determined urgently if the proceeding is heard and determined by both the High Court and the Court of Appeal: (c) the proceeding does not raise a question of fact or a significant question of fact, but raises a question of law that is the subject of conflicting deci- sions of the Court of Appeal.
(4) In deciding whether to make an order transferring the proceeding, the Court of Appeal must have regard to the following matters: (a) the primary purpose of the Court of Appeal as an appellate court: 25 30 35 30 (5) (6) (7) 61 (1) Senior Courts Bill Part 3 cl 62 (b) (c) the desirability of obtaining a determination of the proceeding in the High Court and a review of that determination on appeal: whether a full court of the High Court could effectively determine the question in issue: (d) whether the proceeding raises a question of fact or a significant question 5 of fact: (e) (f) whether the parties have agreed to the transfer of the proceeding: any other matter to which regard should be had in the public interest.
It is not a sufficient ground that the parties agree to the transfer.

The Court of Appeal has the jurisdiction of the High Court to hear and deter- mine a proceeding transferred under this section.

10 The Court of Appeal may transfer back to the High Court a proceeding that has been transferred to the Court of Appeal.
Compare: 1908 No 89 s 64 Appeals against decisions of High Court on appeal from District Court, Family Court, or Youth Court The decision of the High Court on appeal from the District Court, the Family Court, or the Youth Court is final unless a party, on application, obtains leave to appeal against the decision to the Court of Appeal.
(2) An application under subsection (1) for leave to appeal to the Court of Ap- peal must be made to the High Court or, if the High Court refuses leave, to the Court of Appeal.

(3) (3A) (4) 62 (1) If leave to appeal is obtained under subsection (1), the decision of the Court of Appeal is final unless a party obtains leave to appeal against that decision to the Supreme Court.
If there is non-compliance with any procedural rules in relation to an applica- tion or appeal under this section before the Court of Appeal, the court may dis- miss the application or appeal or deal with it in any other manner and on any terms that the court decides.

Subsections (1) to (3A) are subject to Part 4.

Compare: 1908 No 89 s 67 Reasons for granting or refusing leave to appeal The Court of Appeal may, but does not have to, give reasons for granting leave to appeal to the Court of Appeal.
15 20 25 30 (1A) The Court of Appeal must give reasons for refusing leave to appeal to the 35 Court of Appeal.

(2) Reasons given by the Court of Appeal may be stated— (a) briefly; and 31 Part 3 cl 62A Senior Courts Bill (b) in general terms only.
Compare: 2003 No 53 s 16 62A Procedure if Judges absent (1) This section applies if, because of the death or unavailability of 1 or 2 of the Judges of the Court of Appeal who are about to begin or have begun hearing a proceeding, only 2 of those Judges (in the case of a division of the court) or 3 or 4 of those judges (in the case of a full court) remain available to hear and determine the proceeding.
5 (2) The remaining Judges must decide whether the proceeding must be adjourned or reheard, or may continue.
10 (3) If the remaining Judges decide that the proceeding may continue,— (a) they may— (i) act as the Court of Appeal in relation to the proceeding and hear and determine the proceeding; and (ii) make any order or decision on any interlocutory application; and 15 (iii) make any order or decision as to costs; and (b) a reference in section 54(1) to a majority of the Judges hearing the proceeding must be read as a reference to the 2 remaining Judges (in the case of a division) or to a majority of those remaining Judges (in the case of a full court).
(4) If the death or unavailability occurs while judgment is reserved in the proceed- ing, the remaining Judges must decide— (a) whether the judgment should be produced or completed, and (if so) who should produce or complete the judgment; or (b) whether the proceeding should be reheard.

(5) (6) If, at the time appointed for a session of the Court of Appeal, 1 or more Judges are absent, the Judge or Judges present may adjourn or further adjourn the ses- sion to some other time.
If none of the Judges of the Court of Appeal is present at the time appointed for a session of the court, the Registrar of the Court of Appeal must adjourn the session and may determine the time and place of the next session.
20 25 30 Compare: 2003 No 53 s 30 Registrar and other officers of Court of Appeal 63 Appointment of Registrar, Deputy Registrar, and other officers of Court of Appeal 35 A Registrar, a Deputy Registrar, and other officers may be appointed under the State Sector Act 1988 for the conduct of the business of the Court of Appeal.
Compare: 1908 No 89 s 72 32 Senior Courts Bill Part 4 cl 65 64 (1) (2) (3) Powers of Registrar and Deputy Registrar The Registrar has the powers and duties— (a) (b) conferred by this Act, any other enactment, or rules made under sec- tion 145: necessary or desirable to ensure the efficient and effective administration of the business of the Court of Appeal.

The Deputy Registrar has the same duties and powers as the Registrar.
Subsection (2) is subject to a provision to the contrary in any rules made under section 145 or any other enactment.
Compare: 1908 No 89 s 73 Part 4 Supreme Court Preliminary matters 65 Interpretation In this subpart, unless the context otherwise requires,— civil proceeding— (a) means a proceeding that is not a criminal proceeding; and (b) includes a proceeding under the Bail Act 2000 decision includes a judgment, decree, order, direction, or determination District Court includes— (a) (b) the Family Court and the Youth Court; and the District Court sitting in its admiralty jurisdiction High Court includes the High Court sitting— 5 10 15 20 (a) (b) in its admiralty jurisdiction; or as a permanent Prize Court under the jurisdiction conferred by section 8 of the Admiralty Act 1973 25 interlocutory application— (a) means an application in a proceeding or an intended proceeding for— (i) (ii) an order or a direction relating to a matter of procedure; or in the case of a civil proceeding, for relief ancillary to the relief claimed in the proceeding; and 30 (b) (c) includes an application for a new trial; and includes an application to review a decision made on an interlocutory application New Zealand court means— 35 33 Part 4 cl 66 Senior Courts Bill (a) (b) the Supreme Court, the Court of Appeal, the High Court, or the District Court; or any of the following specialist courts: the Court Martial of New Zealand established under section 8 of the Court Martial Act 2007, the Court Martial Appeal Court constituted by the Court Martial Appeals Act 1953, the Employment Court, the Environment Court, the Māori Appel- late Court, and the Māori Land Court Registrar means the Registrar of the Supreme Court appointed under section 87 Supreme Court means the Supreme Court continued by section 66. working day means a day of the week other than— 5 10 (a) (b) (c) (d) a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, An- zac Day, the Sovereign’s birthday, and Labour Day; and the day observed as anniversary day in Wellington; and if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the fol- lowing Monday; and 15 a day in the period commencing on 25 December in any year and ending with 15 January in the following year.
Compare: 2003 No 53 s 4 Constitution of Supreme Court 66 (1) Supreme Court continued There continues to be a Supreme Court of New Zealand for the hearing of ap- peals in New Zealand on important legal matters, including matters relating to the Treaty of Waitangi, which would formerly have been determined by the Judicial Committee of the Privy Council.
(2) The Supreme Court consists of— (a) (b) the Chief Justice; and no fewer than 4 nor more than 5 other Judges appointed by the Governor-General as Judges of the Supreme Court.

The Supreme Court is a court of record.

The jurisdiction of the Supreme Court is not affected by a vacancy in its mem- bership.

Compare: 2003 No 53 ss 3(1), 6, 17 Seal The Supreme Court must have a seal, and the Registrar of the Supreme Court is responsible for the seal.
35 20 25 30 (3) (4) 67 (1) 34 Senior Courts Bill Part 4 cl 72 (2) The seal must be used for sealing judgments, orders, certificates, and any other document issued by the Supreme Court that must be sealed.
Compare: 2003 No 53 s 38 Jurisdiction of Supreme Court 68 Appeals against decisions of Court of Appeal in civil cases proceedings 5 The Supreme Court may hear and determine an appeal by a party to a civil pro- ceeding in the Court of Appeal against a decision made in the proceeding, un- less— (a) (b) an enactment other than this Act makes provision to the effect that there is no right of appeal against the decision; or 10 the decision is a refusal to give leave or special leave to appeal to the Court of Appeal.
Compare: 2003 No 53 s 7 69 Appeals against decisions of High Court in civil proceedings The Supreme Court may hear and determine an appeal by a party to a civil pro- ceeding in the High Court against a decision made in the proceeding, unless— 15 (a) (b) an enactment other than this Act makes provision to the effect that there is no right of appeal against the decision; or the decision is a refusal to give leave or special leave to appeal to the High Court or the Court of Appeal; or 20 (c) the decision was is made on an interlocutory application.
Compare: 2003 No 53 s 8 70 Appeals against decisions of other courts in civil proceedings The Supreme Court may hear and determine an appeal against a decision made in a civil proceeding in a New Zealand court other than the Court of Appeal or the High Court to the extent only that an enactment other than this Act pro- vides for the bringing of an appeal against the decision to the Supreme Court.
25 Compare: 2003 No 53 s 9 71 Appeals against decisions in criminal proceedings The Supreme Court may hear and determine appeals authorised by— 30 (a) (b) Part 6 of the Criminal Procedure Act 2011; or section 10 or 10A of the Court Martial Appeals Act 1953.
Compare: 2003 No 53 s 10 72 Procedural requirements Sections 68 to 71 are subject to— (a) this Act; and 35 35 Part 4 cl 73 Senior Courts Bill (b) all applicable rules, orders, and directions for regulating the terms and conditions on which appeals may be allowed, made, or given under this Act.

Compare: 2003 No 53 s 11 Leave to appeal 73 Appeals to be by leave (1) Appeals to the Supreme Court may be heard only with the court’s leave.
(2) A reference in an enactment other than this Act to the leave of the Supreme Court must be read subject to sections 74 and 75.

Compare: 2003 No 53 s 12 Criteria for leave to appeal 5 10 The Supreme Court must not give leave to appeal to it unless it is satisfied that it is necessary in the interests of justice for the court to hear and determine the appeal.
It is necessary in the interests of justice for the Supreme Court to hear and de- termine a proposed appeal if— 15 (a) (b) the appeal involves a matter of general or public importance; or a substantial miscarriage of justice may have occurred, or may occur un- less the appeal is heard; or (c) the appeal involves a matter of general commercial significance.

20 For the purposes of subsection (2)(a), a significant issue relating to the Trea- ty of Waitangi is a matter of general or public importance.
The Supreme Court must not give leave to appeal to it against an order made by the Court of Appeal on an interlocutory application unless satisfied that it is necessary in the interests of justice for the Supreme Court to hear and deter- mine the proposed appeal before the proceeding concerned is concluded.

25 Subsection (2) does not limit the generality of subsection (1) and subsec- tion (3) does not limit the generality of subsection (2)(a).
Compare: 2003 No 53 s 13 No direct appeal from court other than Court of Appeal unless exceptional circumstances established 30 The Supreme Court must not give leave to appeal directly to it against a deci- sion made, a conviction entered, or a sentence imposed in a proceeding in a New Zealand court other than the Court of Appeal unless the court is satis- fied,— 35 (a) in accordance with section 74, that it is necessary in the interests of justice for the court to hear and determine the appeal; and 74 (1) (2) (3) (4) (5) 75 36 Senior Courts Bill Part 4 cl 79 (b) that there are exceptional circumstances that justify taking the proposed appeal directly to the court.
Compare: 2003 No 53 s 14 Applications for leave The parties to an application for leave to appeal to the Supreme Court may make written submissions to the court, and may include in the submissions— 5 (a) (b) additional relevant written material; and responses to submissions made by another party.
76 (1) (2) Neither the parties nor their representatives have a right to appear before the court on the application; but the court may, if it thinks fit,— (a) (b) authorise the parties, their representatives, or both to appear: exclude from any authority to appear a party who is an appellant in cus- tody.

(3) In determining the application, the court must consider— (a) (b) the written submissions before it; and if an oral hearing was held, the matters raised at the hearing.
(4) The court may consider the written submissions in any manner it thinks fit.

10 15 77 (1) Compare: 2003 No 53 s 15 Court to state reasons for refusal to give leave The Supreme Court must state its reasons for refusing to give leave to appeal to it.

20 (2) The reasons may be stated— (a) (b) briefly; and in general terms only.

Compare: 2003 No 53 s 16 Powers and judgments of Supreme Court 78 Appeals to proceed by way of rehearing Appeals to the Supreme Court proceed by way of rehearing.
Compare: 2003 No 53 s 24 79 General powers (1) On an appeal in a proceeding that has been heard in a New Zealand court, the Supreme Court— (a) may make any order or grant any relief that could have been made or granted by that court; and 25 30 37 Part 4 cl 80 Senior Courts Bill (b) even if the proceeding has not been heard in the Court of Appeal, has the powers the Court of Appeal would have if hearing the appeal.
(2) In a proceeding, the Supreme Court may, as it thinks fit, make— (a) (b) (c) any ancillary order; and any order or decision on an interlocutory application; and 5 any order as to costs.

Compare: 2003 No 53 s 25 80 Power to remit proceeding The Supreme Court may remit a proceeding that began in any New Zealand court to a New Zealand court that has jurisdiction to deal with it.
10 81 (1) Compare: 2003 No 53 s 26 Exercise of powers of court For the purposes of the hearing and determination of a proceeding, the Su- preme Court comprises 5 Judges of the court.
(2) Two or more permanent Judges of the Supreme Court may act as the court— 15 (a) to decide whether an oral hearing of an application for leave to appeal to the court should be held, or the application should be determined just on the basis of written submissions: (b) to determine an application for leave to appeal to the court.

(3) A judgment of the Supreme Court may be delivered in the manner and by the 20 number of Judges provided by rules made under section 145.
This section is subject to sections 82(1) and 84(1).

Compare: 2003 No 53 s 27 Orders and directions on interlocutory applications may be made or given by 1 Judge 25 In a proceeding before the Supreme Court, a permanent Judge of the court may, on an interlocutory application, make any order and give any direction that the Judge thinks fit (other than an order or a direction excluded by subsection (2)).
Subsection (1) does not apply to an order or a direction that determines the proceeding or disposes of a question or an issue that is before the court in the proceeding.

(3) A permanent Judge of the Supreme Court may— (a) (b) review a decision of the Registrar made within the civil jurisdiction of the court under a power conferred on the Registrar by a rule made under section 145; and confirm, modify, or revoke that decision as the Judge thinks fit.
38 30 35 (4) 82 (1) (2) Senior Courts Bill Part 4 cl 84 (4) The Judges of the Supreme Court who together have jurisdiction to hear and determine a proceeding may— (a) (b) discharge or vary an order or a direction made or given under subsec- tion (1); or confirm, modify, or revoke a decision confirmed or modified under sub- section (3).

5 Compare: 2003 No 53 s 28 Presiding Judge The Chief Justice presides over the Supreme Court.
If the Chief Justice is absent, or the office of Chief Justice is vacant, the most senior available Judge of the Supreme Court presides over the court.

10 The fact that a Judge of the Supreme Court other than the Chief Justice pre- sides over the court is conclusive proof of the Judge’s authority to do so.

No action of the Judge, and no judgment or decision of the court, may be ques- tioned on the ground that the occasion for the Judge to preside over the court had not arisen or had ceased.
Compare: 2003 No 53 s 29 Procedure if Judges absent This section applies if, because of the death or unavailability of 1 or 2 of the Judges of the Supreme Court who are about to begin or have begun hearing a proceeding, only 3 or 4 of those Judges remain available to hear and determine the proceeding.

83 (1) (2) (3) 84 (1) (2) The remaining Judges must decide whether the proceeding must be adjourned or reheard, or may continue.
(3) If the remaining Judges decide that the proceeding may continue,— (a) they may— (i) act as the Supreme Court in relation to the proceeding and hear and determine the proceeding; and (ii) make any order or decision on any interlocutory application; and (iii) make any order or decision as to costs; and (b) a reference in section 85(1) to a majority of the Judges hearing the proceeding must be read as a reference to a majority of those remaining Judges.
(3A) If the death or unavailability occurs while judgment is reserved in the proceed- ing, the remaining Judges must decide— 35 (a) whether the judgment should be produced or completed, and (if so) who should produce or complete the judgment; or (b) whether the proceeding should be reheard.
39 15 20 25 30 Part 4 cl 85 Senior Courts Bill (4) (5) 85 (1) (2) If, at the time appointed for a session of the Supreme Court, 1 or more Judges are absent, the Judge or Judges present may adjourn or further adjourn the ses- sion to some other time.

If none of the Judges of the Supreme Court is present at the time appointed for a session of the court, the Registrar of the Supreme Court must adjourn the ses- sion and may determine the time and place of the next session.
5 Compare: 2003 No 53 s 30 Judgment of Supreme Court The judgment of the Supreme Court must be in accordance with the opinion of a majority of the Judges hearing the proceeding concerned.

10 If the Judges are equally divided in opinion, the decision appealed from or under review is taken to be affirmed.
Compare: 2003 No 53 s 31 86 Decisions of Supreme Court may be enforced by High Court A judgment, decree, or order of the Supreme Court may be enforced by the High Court as if it had been given or made by the High Court.

15 Compare: 2003 No 53 s 32 Registrar and other officers of Supreme Court 87 Appointment of Registrar, Deputy Registrar, and other officers of Supreme Court (1) A Registrar of the Supreme Court must be appointed under the State Sector Act 1988.
(2) There may also be appointed under that Act Deputy Registrars of the Supreme Court, and any other officers required for the conduct of the court’s business.

Compare: 2003 No 53 s 36 88 Powers of Registrar The Registrar, Deputy Registrars, and other officers of the Supreme Court have the powers and duties conferred or imposed by this Act, rules made under sec- tion 145, or any other enactment.
Compare: 2003 No 53 s 37 20 25 30 40 Senior Courts Bill Part 5 cl 93 Part 5 Senior court Judges Head Judges 89 Head of New Zealand judiciary The Chief Justice is the head of the New Zealand judiciary.

90 (1) Compare: 2003 No 53 s 18(1) Head of Supreme Court The Chief Justice is the head of the Supreme Court and is responsible for en- suring the orderly and efficient conduct of the Supreme Court’s business.
(2) The Chief Justice may make all necessary arrangements for— (a) (b) the sessions of the Supreme Court; and the conduct of the Supreme Court’s business.

91 (1) (2) 92 (1) Head of Court of Appeal The President of the Court of Appeal is the head of the Court of Appeal and is responsible to the Chief Justice for ensuring the orderly and efficient conduct of the Court of Appeal’s business.
The President of the Court of Appeal may make all necessary arrangements for— (a) (b) the sessions of the Court of Appeal; and the conduct of the Court of Appeal’s business.

Head of High Court The Chief High Court Judge is the head of the High Court and is responsible to the Chief Justice for ensuring the orderly and efficient conduct of the High Court’s business.
5 10 15 20 (2) The Chief High Court Judge may make all necessary arrangements for— 25 (a) (b) the sessions of the High Court; and the conduct of the High Court’s business.
Compare: 1908 No 89 s 4B Judicial appointment process 93 Attorney-General to publish information concerning judicial appointment process 30 The Attorney-General must publish information explaining his or her process for— 41 Part 5 cl 94 Senior Courts Bill (a) (b) seeking expressions of interest for the appointment of Judges and Asso- ciate Judges; and recommending persons for appointment as a Judge or an Associate Judge.
Eligibility for appointment 94 Eligibility for appointment as Judge or Associate Judge A person may only be appointed a Judge or an Associate Judge if— (a) that person has, for at least 7 years, held a New Zealand practising certif- icate as a barrister or as a barrister and solicitor; or (b) that person— 5 10 (i) (ii) (iii) holds a degree in law granted or issued by any university within New Zealand; and has been admitted as a barrister and solicitor of the High Court; and has held a practising certificate in a jurisdiction specified by Order in Council— 15 (A) (B) for at least 7 years; or for a lesser number of years, but, when that number of years is added to the number of years that the person has held a New Zealand practising certificate, the total number of years is at least 7 years.
Compare: 1908 No 89 ss 6, 26C(4) 95 Eligibility for appointment as Court of Appeal Judge A person may only be appointed a Court of Appeal Judge if that person is— (a) (b) a High Court Judge; or appointed a High Court Judge at the same time as being appointed a Court of Appeal Judge.
Compare: 1908 No 89 s 57(3) 20 25 96 Eligibility for appointment as Supreme Court Judge A person may only be appointed a Supreme Court Judge if that person is— 30 (a) (b) (c) a Court of Appeal Judge; or a High Court Judge; or appointed a High Court Judge at the same time as being appointed a Su- preme Court Judge.
Compare: 2003 No 53 s 20(1) 35 42 Senior Courts Bill Part 5 cl 99 97 Eligibility for appointment as Chief High Court Judge A person may only be appointed the Chief High Court Judge if that person— (a) is— (i) (ii) a High Court Judge; or appointed a High Court Judge at the same time as being appointed the Chief High Court Judge; but 5 (b) is not— (i) (ii) a Supreme Court Judge; or a Court of Appeal Judge.
Compare: 1908 No 89 s 4A(1) 10 98 Eligibility for appointment as President of Court of Appeal (1) A person may only be appointed the President of the Court of Appeal if that person is— (a) (b) a High Court Judge; or appointed a High Court Judge at the same time as being appointed the President of the Court of Appeal.

15 (2) If a person who is a Supreme Court Judge is appointed the President of the Court of Appeal, the person immediately ceases to hold office as a Supreme Court Judge.
(3) A person who ceases to hold office as a Supreme Court Judge under subsec- tion (2) may nevertheless continue in that office to determine, give judgment in, or otherwise complete a proceeding heard by that person (either alone or with others) when he or she sat in the Supreme Court.
20 99 Eligibility for appointment as Chief Justice (1) A person may only be appointed the Chief Justice if that person is— 25 (a) (b) a High Court Judge; or appointed a High Court Judge at the same time as being appointed the Chief Justice.

(2) If a person who is a Court of Appeal Judge is appointed the Chief Justice, the person immediately ceases to hold office as a Court of Appeal Judge.
30 (3) A person who ceases to hold office as a Court of Appeal Judge under subsec- tion (2) may nevertheless continue in that office to determine, give judgment in, or otherwise complete a proceeding heard by that person (either alone or with others) when he or she sat in the Court of Appeal.

43 Part 5 cl 100 Senior Courts Bill Appointments 100 Judges appointed by Governor-General (1AA) A Judge is appointed by the Governor-General in the name and on behalf of Her Majesty.
(1) (2) The Chief Justice is appointed by the Governor-General on the recommenda- tion of the Prime Minister.

5 Every other Judge, and every Associate Judge, is appointed by the Governor- General on the recommendation of the Attorney-General.

Compare: 1908 No 89 s 4(2); 2003 No 53 s 17(1)(b) 101 Appointment as permanent Judge (1) A Judge is appointed as a permanent Judge of a court unless the Judge is ap- pointed as an acting Judge.
(2) An Associate Judge is appointed as a permanent Associate Judge of the High Court unless the Associate Judge is appointed as an acting Associate Judge.

Compare: 1908 No 89 ss 4C(1), 26D(1), 57A(1) 101A High Court Judge or Associate Judge may not hold lower judicial office (1) When a person who is a District Court Judge is appointed a High Court Judge or an Associate Judge, that person ceases to hold office as a District Court Judge.
(2) A person who ceases to hold office as a District Court Judge under subsec- tion (1) may nevertheless continue in that office to determine, give judgment in, or otherwise complete a proceeding heard by that person (either alone or with others) when he or she sat in the District Court.

(3) When a person who is an Employment Court Judge is appointed a High Court Judge or an Associate Judge, that person ceases to hold office as an Employ- ment Court Judge.
(4) A person who ceases to hold office as an Employment Court Judge under sub- section (3) may nevertheless continue in that office to determine, give judg- ment in, or otherwise complete a proceeding heard by that person (either alone or with others) when he or she sat in the Employment Court.
101B Court of Appeal Judge continues as Judge of High Court When a person who is a Judge of the High Court is appointed a Judge of the Court of Appeal, that Judge person continues to be a Judge of the High Court and may sit as, or exercise the powers of, a Judge of the High Court.
Compare: 1908 No 89 s 57(4) 10 15 20 25 30 35 44 Senior Courts Bill Part 5 cl 105 102 Supreme Court Judge continues as Judge of High Court but no other court (1) When a person who is a Judge of the High Court is appointed a Supreme Court Judge, a that person— (a) (b) continues to be a High Court Judge and may exercise any of the powers of a High Court Judge; but 5 ceases to hold office as a Court of Appeal Judge if, immediately before being appointed a Supreme Court Judge, the person was a Court of Ap- peal Judge.
(2) A Supreme Court Judge who ceases to hold office as a Judge of the Court of Appeal (under subsection (1)(b)) may nevertheless continue in that office to determine, give judgment in, or otherwise complete a proceeding heard by the Judge (either alone or with others) when he or she sat in that court.
10 Compare: 2003 No 53 ss 20(2), 21 104 Terms and conditions of appointment not to be changed without consent 15 (1) No changes may be made to the terms and conditions of a Judge’s appointment without the Judge’s consent.

(2) No changes may be made to the terms and conditions of an Associate Judge’s appointment without the Associate Judge’s consent.
Compare: 1908 No 89 ss 4C(7), 26D(7), 57A(7) Part-time Judges 105 Attorney-General may authorise Judges to sit part-time (1) (2) Judges (other than Supreme Court Judges) and Associate Judges may seek the authorisation of the Attorney-General to sit part-time for a specified period.
The Attorney-General may grant an authorisation sought by a Judge or an As- sociate Judge under subsection (1) only with the agreement of— (a) the President of the Court of Appeal, if the Judge is a Court of Appeal Judge: (b) the Chief High Court Judge, if— 20 25 (i) the Judge is a High Court Judge but not a Court of Appeal Judge; or 30 (ii) the Judge is an Associate Judge.
(3) An authorisation may take effect from— (a) (b) the date the Judge or Associate Judge commences office; or any other date specified in the authorisation.

35 (4) A Judge or an Associate Judge may be authorised to sit part-time for a speci- fied period on more than 1 occasion.

45 Part 5 cl 106 Senior Courts Bill (5) A Judge or an Associate Judge authorised to sit part-time for a specified period resumes sitting on a full-time basis at the end of that period.
Compare: 1908 No 89 ss 4C(1)–(6), 26D(2)–(6), 57A(2)–(6) Acting Judges 106 Acting Chief Justice (1) During any period that the office of the Chief Justice is vacant, the most senior available Judge of the Supreme Court is authorised to act as Chief Justice.

(2) During any period that the Chief Justice is unable for any reason (including ill- ness) to perform the duties of that office, the next most senior available Judge of the Supreme Court is authorised to act as Chief Justice.
(4) A Judge authorised under subsection (1) or (2) to act as Chief Justice is em- 5 10 powered while so acting to— (a) (b) perform the duties of the Chief Justice; and exercise any power of the Chief Justice.

(5) This section does not affect clause 12 of the Letters Patent Constituting the Office of Governor-General of New Zealand.
15 Compare: 2003 No 53 s 19(1)–(3), (5) 107 Acting President of Court of Appeal (1) During any period that the office of the President of the Court of Appeal is va- cant, the most senior available Judge of the Court of Appeal is authorised to act as President of the Court of Appeal.
(2) During any period that the President of the Court of Appeal is unable for any reason (including illness) to perform the duties of that office, the next most se- nior available Judge of the Court of Appeal is authorised to act as President of the Court of Appeal.
(4) A Judge authorised under subsection (1) or (2) to act as President of the Court of Appeal is empowered while so acting to— (a) (b) perform the duties of the President of the Court of Appeal; and exercise any power of the President of the Court of Appeal.

Compare: 1908 No 89 s 57(7) 108 Acting Chief High Court Judge (1) During any period that the office of the Chief High Court Judge is vacant, the most senior available Judge of the High Court is authorised to act as Chief High Court Judge.
(2) During any period that the Chief High Court Judge is unable for any reason (in- cluding illness) to perform the duties of that office, the next most senior avail- able Judge of the High Court is authorised to act as Chief High Court Judge.
20 25 30 35 46 Senior Courts Bill Part 5 cl 110 (4) A Judge authorised under subsection (1) or (2) to act as Chief High Court Judge is empowered while so acting to— (a) (b) perform the duties of the Chief High Court Judge; and exercise any power of the Chief High Court Judge.
Compare: 1908 No 89 s 4A(4), (5) 109 Appointment of acting Judges of Supreme Court by Chief Justice (1) The Chief Justice, in consultation with the President of the Court of Appeal, may appoint a Court of Appeal Judge as an acting Supreme Court Judge to hear and determine 1 or more specified proceedings.

(2) An appointment under subsection (1) may be made during because of the illness or absence, or anticipated absence, of any Judge of the Supreme Court, or for any other temporary purpose.
(3) Only 1 Court of Appeal Judge appointed under subsection (1) may be present at a sitting of the Supreme Court for the hearing of a proceeding.

(4) To avoid doubt, section 102 does not apply to a Court of Appeal Judge ap- pointed under subsection (1).

Compare: 2003 No 53 s 23(1)(4) 5 10 15 110 Appointment of acting Judges of Supreme Court by Governor-General (1) The Governor-General may, on the advice of the Attorney-General, appoint 1 or more acting Judges of the Supreme Court.
20 (2) A person under the age of 75 years is eligible for appointment under subsec- tion (1) if that person is a retired Supreme Court Judge.

(3) An appointment under subsection (1) may be made during the illness or ab- sence of any Judge of the Supreme Court, or for any other temporary purpose.

(2) A person is eligible for appointment under subsection (1) if that person is— 25 (a) (b) a retired Supreme Court Judge; and under the age of 75 years.
(4) During the term of his or her appointment under subsection (1), an acting Judge of the Supreme Court may only act to the extent authorised by the Chief Justice under subsection (5).

30 (5) An acting Judge of the Supreme Court may be authorised by the Chief Justice to— (a) (b) hear and determine proceedings within a specified period: hear and determine 1 or more specified proceedings.
(5) The Chief Justice may authorise an acting Judge to act as a member of the Su- preme Court— 35 (a) to hear and determine any proceedings within a specified period; or 47 Part 5 cl 111 Senior Courts Bill (b) to hear and determine 1 or more specified proceedings.
(6) The Chief Justice may authorise an acting Judge to act as a member of the Su- preme Court only if satisfied that— (a) (b) there is a vacancy in the Supreme Court; or a Judge of the Supreme Court is for any reason unavailable to hear pro- ceedings or particular proceedings.

5 (7) An acting Judge is authorised when the Chief Justice gives the Attorney-Gener- al a certificate under section 114.
Compare: 2003 No 53 s 23(1), (3), (4)–(6) 111 Appointment of acting Judges of Court of Appeal (1) The Governor-General may, on the advice of the Attorney-General, appoint 1 or more acting Judges of the Court of Appeal.

(2) A person under the age of 75 years is eligible for appointment under subsec- tion (1) if that person has retired or resigned from office as— (a) a Court of Appeal Judge; or (b) a High Court Judge.
(3) An appointment under subsection (1) may be made during because of the ill- ness or absence of any Judge of the Court of Appeal, or for any other tempor- ary purpose.

(4) During the term of his or her appointment, an acting Judge of the Court of Ap- peal may only act to the extent authorised by the President of the Court of Ap- peal.

(5) An acting Judge of the Court of Appeal may be authorised by the President of the Court of Appeal to hear and determine proceedings within a specified period.
112 Appointment of acting Judges of High Court (1) The Governor-General may, on the advice of the Attorney-General, appoint 1 or more acting Judges of the High Court.

(2) A person under the age of 75 years is eligible for appointment under subsec- tion (1) if that person— (a) has retired or resigned from office as— (i) (ii) (iii) is— (i) (ii) (b) a High Court Judge; or an Associate Judge; or a District Court Judge; or an Associate Judge; or a District Court Judge.
48 10 15 20 25 30 35 Senior Courts Bill Part 5 cl 114 (3) An appointment under subsection (1) may be made during because of the ill- ness or absence of any Judge of the High Court, or for any other temporary purpose.

(4) During the term of his or her appointment, an acting Judge of the High Court may only act to the extent authorised by the Chief High Court Judge.
5 (5) An acting Judge of the High Court may be authorised by the Chief High Court Judge to— (a) (b) act during 1 or more specified periods; and act in 1 or more specified places.

Compare: 1908 No 89 ss 11(1), 11A(1), (2) 10 113 Appointment of acting Associate Judges (1) The Governor-General may, on the advice of the Attorney-General, appoint 1 or more acting Associate Judges.
(2) A person is eligible for appointment under subsection (1) if the person— (a) (b) (c) is eligible under section 94 to be appointed an Associate Judge and is under the age of 75 years; or 15 is a District Court Judge; or has retired or resigned from office as a District Court Judge.

(3) An appointment under subsection (1) may be made during because of the ill- ness or absence of any Associate Judge, or for any other temporary purpose.
20 (4) During the term of his or her appointment, an acting Associate Judge may only act to the extent authorised by the Chief High Court Judge.

(5) An acting Associate Judge may be authorised by the Chief High Court Judge to— (a) (b) act during 1 or more specified periods; and act in 1 or more specified places.
Compare: 1908 No 89 s 26H(1) 114 Requirements before Attorney-General gives advice on appointment of acting Judge (1) Before advising the Governor-General to make an appointment under any of sections 110 to 113, the Attorney-General must have received from the Chief Justice a certificate certifying that the appointment is necessary for the proper conduct of the court in respect of which the appointment is to be made.

(2) A certificate required by subsection (1) must be signed by the Chief Justice.
Compare: 1908 No 89 s 11B; 2003 No 53 s 23(6) 25 30 35 49 Part 5 cl 115 Senior Courts Bill 115 Term of appointment of acting Judges appointed by Governor-General (1) An appointment under any of sections 110 to 113 must be for a specified term that— (a) is not more than the time until the Judge will reach the age of 75 years; and 5 (b) in any case, is not more than 2 years.
(2) When an acting Judge’s term of appointment ends, the acting Judge, if under the age of 75 years, may at any time be reappointed for a further 1 or more terms.

(3) However, an acting Judge may not be reappointed for a term that, when aggre- 10 gated with all previous terms, exceeds 5 years if that acting Judge is— (a) (b) an acting Court of Appeal Judge appointed under section 111; or an acting High Court Judge appointed under section 112.
Compare: 1908 No 89 s 11(2); 2003 No 53 s 23(2) 116 Term of appointment of acting Associate Judges (1) An appointment under section 113 must be for a specified term that— (a) is not more than the time until the Associate Judge will reach the age of 75 years; and (b) in any case, is not more than 2 years.

(2) When an acting Associate Judge’s term of appointment ends, the acting Associ- ate Judge, if under the age of 75 years, may at any time be reappointed under section 113 for a further 1 or more terms.
(3) However, an acting Associate Judge may not be reappointed under section 113 for a term that, when aggregated with all previous terms, exceeds 5 years.

Compare: 1908 No 89 s 26H(2)–(4) 117 Jurisdiction, powers, protections, etc, of acting Judges (1) An acting Judge, while acting to the extent authorised as a member of a court, has the jurisdiction, powers, protections, privileges, and immunities of a Judge of that court.
(2) An acting Associate Judge, while acting to the extent authorised as a member of the High Court, has the jurisdiction, powers, protections, privileges, and im- munities of an Associate Judge of that court.
15 20 25 30 Compare: 1908 No 89 ss 11A(4), 26Q; 2003 No 53 s 23(7) 118 Conclusive proof of authority to act The fact that an acting Judge or acting Associate Judge does the following is conclusive proof of the Judge’s authority to do so: 35 50 Senior Courts Bill Part 5 cl 121 (a) (b) performs or exercises any function, duty, or power in reliance on sec- tion 106(4), 107(4), or 108(4): acts to the extent authorised under section 109(1), 110(5), 111(5), 112(5), or 113(5) as a member of a court.
Compare: 1908 No 89 s 4A(6); 2003 No 53 ss 19(4), 23(9) Seniority of Judges 119 Chief Justice most senior Judge The Chief Justice is senior to all other Judges.

Compare: 2003 No 53 s 18(1) 120 Seniority of Supreme Court Judges (1) Supreme Court Judges are senior to— (a) Court of Appeal Judges; and 5 10 (b) High Court Judges who are not Supreme Court Judges.

(2) (3) Supreme Court Judges (other than the Chief Justice) are senior to each other in order of date of appointment.
15 If 2 or more Supreme Court Judges (other than the Chief Justice) have the same date of appointment, then seniority among those Judges is determined as fol- lows: Judges who have been Court of Appeal Judges are senior to Judges who have not been Court of Appeal Judges: 20 Judges who have been Court of Appeal Judges have among themselves the seniority they would have if still Court of Appeal Judges: Judges who have not been Court of Appeal Judges but have previously been High Court Judges have seniority among themselves according to their seniority as High Court Judges: Judges who have not previously been High Court Judges but have previ- ously held other judicial office in New Zealand are senior to Judges who have not previously held judicial office in New Zealand.
Compare: 2003 No 53 s 18(2)–(4) 121 Seniority of Court of Appeal Judges (1) (2) (3) Court of Appeal Judges are senior to High Court Judges.

The President of the Court of Appeal is senior to all other Court of Appeal Judges.

Court of Appeal Judges (other than the President) are senior to each other in order of date of appointment.
35 51 25 30 (a) (b) (c) (d) Part 5 cl 122 Senior Courts Bill (4) If 2 or more Court of Appeal Judges (other than the President) have the same date of appointment, then seniority among those Judges is determined accord- ing to their seniority as High Court Judges.

Compare: 1908 No 89 s 57(6)–(6C) 122 Seniority of High Court Judges (1) High Court Judges are senior to— (a) Associate Judges; and (b) District Court Judges.
(2) As between Among the High Court Judges who are not Supreme Court Judges or Court of Appeal Judges,— 5 10 (a) (b) (c) the Chief High Court Judge is senior to those Judges: the other Judges are senior to each other in order of date of appointment: 2 or more High Court Judges having the same date of appointment— (i) (ii) have seniority according to the precedence assigned to them by the Governor-General on appointment; or 15 if no precedence was assigned to them, according to the order in which they took the judicial oath.
(3) To avoid doubt, a Court of Appeal Judge who resigns from that office without resigning as a High Court Judge has, as a High Court Judge, the seniority that he or she would have had if he or she had not been appointed a Court of Ap- peal Judge.

Compare: 1908 No 89 ss 4(3), 57(6D) 123 Permanent Judges senior to acting Judges A permanent Judge of a court is senior to an acting Judge of the same court.
Compare: 1908 No 89 s 4(3A); 2003 No 53 s 18(5) 124 Seniority of acting Judges 20 25 Acting Judges of a court have among themselves the seniority they would have if they were permanent Judges of that court.

125 Seniority of Associate Judges (1) Associate Judges are senior to each other in order of date of appointment.
30 (2) If 2 or more Associate Judges have the same date of appointment, then seniori- ty among those Judges is determined according to— (a) (b) the precedence assigned to them by the Governor-General on appoint- ment; or if no precedence was assigned to them, the order in which they took the judicial oath.
35 52 Senior Courts Bill Part 5 cl 129 126 Tenure of Chief Justice Tenure of office The Chief Justice continues to hold the office of Chief Justice until the earliest of the following: (a) (b) (c) (d) the Chief Justice resigns from that office: 5 the Chief Justice resigns from office as a High Court Judge: the Chief Justice retires: the Chief Justice is removed from that office.
127 Tenure of President of Court of Appeal The President of the Court of Appeal continues to hold the office of President of the Court of Appeal until the earliest of the following: 10 (a) (b) (c) (d) (e) the President is appointed a Supreme Court Judge: the President resigns from that office: the President resigns from office as a High Court Judge: the President retires: the President is removed from that office.
128 Tenure of Chief High Court Judge The Chief High Court Judge continues to hold the office of Chief High Court Judge until the earliest of the following: (a) (b) (c) (d) (e) (f) the Judge is appointed a Supreme Court Judge: the Judge is appointed a Court of Appeal Judge: the Judge resigns from that office: the Judge resigns from office as a High Court Judge: the Judge retires: the Judge is removed from that office.
Compare: 1908 No 89 s 4A(2) 129 Tenure of Supreme Court Judges, Court of Appeal Judges, High Court Judges, and Associate Judges (1) A Supreme Court Judge (other than the Chief Justice) continues to hold the office of Supreme Court Judge until the earliest of the following: (a) the Judge resigns from that office: (ab) the Judge ceases to hold office as a Supreme Court Judge: (b) (c) the Judge resigns from office as a High Court Judge: the Judge retires: 15 20 25 30 53 Part 5 cl 130 Senior Courts Bill (d) the Judge is removed from that office.
(2) A Court of Appeal Judge (other than the President of the Court of Appeal) con- tinues to hold the office of Court of Appeal Judge until the earliest of the fol- lowing: (a) the Judge resigns from that office: 5 (ab) the Judge ceases to hold office as a Court of Appeal Judge: (b) (c) (d) the Judge resigns from office as a High Court Judge: the Judge retires: the Judge is removed from that office.
(3) A High Court Judge (other than the Chief High Court Judge) continues to hold 10 the office of High Court Judge until the earliest of the following: (a) (b) (c) the Judge resigns from that office: the Judge retires: the Judge is removed from that office.

(4) An Associate Judge continues to hold the office of Associate Judge until the 15 earliest of the following: (a) (b) (c) the Judge resigns from that office: the Judge retires: the Judge is removed from that office.
Compare: 1908 No 89 ss 26C(6), 57(5); 2003 No 53 s 22 20 130 Resignation (1) A Judge may at any time, by written notice to the Attorney-General,— (a) (b) resign from office as a High Court Judge; or resign from any of the following offices without resigning from office as a High Court Judge: 25 (i) (ii) Chief Justice: President of the Court of Appeal: (iii) Court of Appeal Judge: (iv) Chief High Court Judge.
(2) In subsection (1), Judge includes— (a) an acting Judge; and (b) (c) an Associate Judge; and an acting Associate Judge.
Compare: 1908 No 89 s 26E(2); 2003 No 53 s 23(10) 54 30 Senior Courts Bill Part 5 cl 134 131 Governor-General must approve certain resignations Before written notice is given to the Attorney-General under section 130(1), the approval of the Governor-General is required if— 10 15 20 (a) (b) (c) (d) the Chief Justice proposes to resign from that office without resigning from office as a Supreme Court Judge or High Court Judge: 5 the President of the Court of Appeal proposes to resign from that office without resigning from office as a Court of Appeal Judge or a High Court Judge: a Court of Appeal Judge (other than the President of the Court of Ap- peal) proposes to resign from office without resigning from office as a High Court Judge: the Chief High Court Judge proposes to resign from that office without resigning from office as a High Court Judge.
Compare: 1908 No 89 ss 4A(3), 57(5) 132 Judges to retire at 70 years (1) (2) Every Judge must retire on attaining the age of 70 years, but may be appointed an acting Judge.

Every Associate Judge must retire on attaining the age of 70 years, but may be appointed an acting Associate Judge.

Compare: 1908 No 89 ss 13, 26E(3) 133 Removal from office (1) A High Court Judge may be removed from office only in accordance with sec- tion 23 of the Constitution Act 1986.
(2) The Governor-General may, if the Governor-General thinks fit, remove an As- sociate Judge from office for inability or misbehaviour.
25 Compare: 1908 No 89 s 26E(1) Salaries and allowances 134 Salaries and allowances of permanent Judges and Associate Judges Permanent Judges and Associate Judges must be paid, out of public money, without further appropriation than this section,— 30 (a) (b) salaries at such rates as the Remuneration Authority from time to time determines; and such allowances as the Remuneration Authority from time to time deter- mines; and 55 Part 5 cl 135 Senior Courts Bill (c) such additional allowances, being travelling allowances or other inciden- tal or minor allowances, as the Governor-General may from time to time determine.
Compare: 1908 No 89 ss 9A(1), 26F(1); 1947 No 16 s 6(1) 135 Salaries and allowances of part-time Judges The salary and allowances payable for a period during which a Judge or an As- sociate Judge acts on a part-time basis must be calculated and paid as a pro rata proportion of the salary and allowances for a permanent Judge of that court (other than the head of that court) or an Associate Judge.
Compare: 1908 No 89 ss 9A(4), 26F(5) 136 Salaries and allowances of acting Judges 5 10 An acting Judge or acting Associate Judge, while acting as a member of a court to the extent authorised, but not otherwise, must be paid, out of public money, without further appropriation than this section,— (a) (b) a salary at the rate for the time being payable to a permanent Judge of that court (other than the head of that court) or an Associate Judge; and 15 the allowances referred to in section 134(c) payable to a Judge of that court (other than the head of that court) or an Associate Judge.
Compare: 1908 No 89 ss 11(3), 11A(3); 2003 No 53 s 23(8) 136A Superannuation of acting Judges (1) A superannuation subsidy must not be paid to a person who is appointed as an acting Judge or acting Associate Judge under section 110, 111, 112(2)(a), or 113(2)(c) (which relate to retired Judges and Judges who have resigned from office).
(2) A person who is appointed as an acting Judge or acting Associate Judge under section 109, 112(2)(b), or 113(2)(b) (which relate to serving Judges) must not be paid a superannuation subsidy at a rate that is higher than the rate that would have been payable calculated only on the basis of the person’s perman- ent appointment.

20 25 (3) Subsection (1) does not apply to a compulsory employer contribution within the meaning of section 101A of the KiwiSaver Act 2006.
30 137 Superannuation or retiring allowances of Associate Judges For the purpose of providing a superannuation fund or retiring allowance for persons appointed as Associate Judges, sums by way of subsidy or contribution may from time to time be paid under Part 5B of the Government Superannu- ation Fund Act 1956 or to any retirement scheme (within the meaning of sec- tion 6(1) of the Financial Markets Conduct Act 2013) in accordance with a de- termination of the Remuneration Authority.
35 Compare: 1908 No 89 s 26G 56 Senior Courts Bill Part 5 cl 139 138 Higher duties allowance (1) In addition to the payments specified in sections 134 to 137, a higher duties allowance calculated in accordance with subsection (2) is— (a) payable to a High Court Judge who— (i) is, or has been, serving as a member of— 5 (A) (B) a criminal or civil division of the Court of Appeal; or the full Court of Appeal; but (ii) is not, or was not, a permanent Court of Appeal Judge; and (b) payable only in respect of the periods of the Judge’s service as a member of the division or full Court of Appeal.
10 (2) The higher duties allowance is calculated at a rate expressed per day of service as a member of the division or full court in accordance with the following for- mula: where— (a – b) × c/d a b c d is the applicable yearly rate of salary determined by the Remuneration Authority to be payable to a permanent Court of Appeal Judge is the applicable yearly rate of salary determined by the Remuneration Authority to be payable to a Judge who is not a permanent Court of Ap- peal Judge is 0.0383561 (the standard payroll factor, which represents the propor- tion of an annual salary that is paid per fortnight) is 10 (the number of working days per fortnight).
(3) In this section permanent Court of Appeal Judge means a Court of Appeal Judge holding office under section 43(2).

Compare: 1908 No 89 s 9A(1A) 139 Salary of Judge not to be reduced (1) As provided in section 24 of the Constitution Act 1986, the salary of a Judge or an Associate Judge must not be reduced during the continuance of the Judge’s appointment.
(2) For the purpose of subsection (1), neither of the following is a reduction of salary: (a) (b) the payment of a salary on a pro rata basis under section 135: the cessation of the payment of a higher duties allowance payable and calculated under section 138.
Compare: 1908 No 89 ss 9A(5), 26F(2), (6) 15 20 25 30 35 57 Part 5 cl 140 Senior Courts Bill Restrictions 140 Judge not to undertake other employment or hold other office (1) A Judge or an Associate Judge must not undertake any other paid employment or hold any other office (whether paid or not) without the approval of the Chief Justice in consultation (in the case of an Associate Judge, a High Court Judge, or a Court of Appeal Judge) with the appropriate head of court.
5 (2) An approval under subsection (1) may only be given if the appropriate head of court is satisfied that undertaking the employment or holding the office is consistent with the Judge’s judicial office.

(3) However, subsection (1) does not apply to another office if an enactment 10 permits or requires the office to be held by a Judge.
(4) In this section, appropriate head of court means— (a) the President of the Court of Appeal, if the Judge is a Court of Appeal Judge: (b) the Chief High Court Judge, if— (i) the Judge is a High Court Judge but not a Court of Appeal Judge; or (ii) the Judge is an Associate Judge.
Compare: 1908 No 89 ss 4(2A), 26C(5) 141 Protocol relating to activities of Judges 15 20 (1) The Chief Justice must develop and publish a protocol containing guidance on— (a) (b) the employment, or types of employment, that he or she considers may be undertaken consistent with being a Judge or an Associate Judge; and the offices, or types of offices, that he or she considers may be held con- sistent with being a Judge or an Associate Judge.
25 (2) The Chief Justice may only develop and publish a protocol under subsection (1) after consultation with— (a) the President of the Court of Appeal; and (b) the Chief High Court Judge.

142 Judge not to practise as lawyer (1) A Judge must not practise as a lawyer.

(2) In subsection (1), Judge includes— (a) an acting Judge; and (b) (c) an Associate Judge; and an acting Associate Judge.
58 30 35 Senior Courts Bill Part 6 cl 144A Part 6 Rules of court and miscellaneous provisions Rules of practice and procedure 143 Purpose of rules of practice and procedure The purpose of rules of practice and procedure is to facilitate— (a) the just, speedy, and inexpensive dispatch of the business of the High Court, the Court of Appeal, and the Supreme Court; and (b) the administration of justice.
Compare: 1908 No 89 s 51C(1) 144 High Court Rules (1) (2) (3) (4) (5) The practice and procedure of the High Court in all civil proceedings is regu- lated by the High Court Rules.

The High Court Rules are subject to any other rules that are made under sec- tion 145 that regulate the practice and procedure of any senior court in any class of civil proceedings.
If any provision of the High Court Rules or of any rules made under section 145 restricts or excludes the application of any provisions of the High Court Rules, the provision giving effect to the restriction or exclusion has effect ac- cording to its terms.
If in any civil proceedings any question arises as to the application of any pro- vision of the High Court Rules or of any rules made under section 145, the court may, either on the application of any party or of its own motion on its own initiative, determine the question and give any directions that it thinks fit.

Subsection (1) is subject to— (a) subsections (2) to (4); and (b) sections 9, 38 to 41, 145 to 152, 158, 161, 170, 172, 177, and 178.
Compare: 1908 No 89 s 51 144A High Court Rules part of Act (1) The High Court Rules set out in Schedule 2 of the Judicature Act 1908 as at the date that this Act receives the Royal assent continue in force and those rules, as altered, amended, added to, or revoked under section 145, are deemed to be part of this Act.

(2) Despite subsection (1), the High Court Rules do not need to be published as part of this Act.

(3) See section 151, which provides for how the High Court Rules must be pub- lished.
59 Part 6 cl 145 Senior Courts Bill 145 Rules of practice and procedure generally (1) (2) The Governor-General may, by Order in Council, make rules of practice and procedure for each of the senior courts relating to the purpose stated in sec- tion 143.

Rules may be made only with the concurrence of the Chief Justice and 2 or more members of the Rules Committee of whom at least 1 is a Judge of the High Court.
(3) The power to make rules includes the power to— (a) (b) alter, amend, add to, or revoke existing High Court Rules, other rules of the High Court, rules of the Court of Appeal, or rules of the Supreme Court; and revoke existing High Court Rules, other rules of the High Court, rules of the Court of Appeal, or rules of the Supreme Court and replace them with new rules; and (c) fix scales of costs.
Compare: 1908 No 89 s 51C 146 Rules of practice and procedure of High Court Without limiting the matters on which rules may be made under section 145, rules may be made under that section in relation to the practice and procedure of the High Court— (a) providing for the enforcement of judgments or orders, including by any of the following: (i) (ii) (iii) (iv) (v) (vi) an attachment order: a charging order: a sale order: a possession order: a freezing order: an arrest order: (vii) a search order: (viii) a contempt order: (ix) a sequestration order: (b) providing that the purchaser of personal property sold by order of the court by way of enforcement of a judgment obtains good title to the property free of all ownership interests and other proprietary interests held in the property before that sale.
60 Senior Courts Bill Part 6 cl 148 147 Rules of practice and procedure of Court of Appeal and Supreme Court Without limiting the matters on which rules may be made under section 145, rules may be made under that section in relation to the practice and procedure of the Court of Appeal and the Supreme Court— (a) providing for the appointment of technical advisers, including— 5 (i) the information to be given to a party to an appeal, before a tech- nical adviser is appointed for the appeal,— (A) (B) about the persons who are considered suitable for appoint- ment; and about the matters on which the assistance of the proposed technical adviser is to be sought: 10 (ii) the submissions that those parties may make to the court about the proposed appointment of a technical adviser and the assistance to be given by the technical adviser: (b) providing for the conduct of proceedings involving technical advisers.
15 Compare: 1908 No 89 s 99D 148 Rules conferring specified jurisdiction and powers of High Court Judge on Registrars and Deputy Registrars (1) Rules may be made under section 145— (a) conferring on a Registrar or Deputy Registrar of the High Court or the Court of Appeal or the Supreme Court the jurisdiction and powers of a Judge in chambers conferred by this Act or any other Act or by rules made under that section: (b) containing any provisions that may be necessary to enable a Registrar or Deputy Registrar to exercise the jurisdiction and powers of a Judge in chambers.
(2) The jurisdiction and powers may be conferred on any of those specified offices or classes of those offices.

(3) A Registrar or Deputy Registrar on whom jurisdiction and powers are con- ferred may refer a matter to a Judge of the same court if the Registrar or Depu- ty Registrar considers the matter to be of special difficulty.

The Judge may— (a) (b) dispose of the matter; or refer the matter back to the Registrar or Deputy Registrar with any direc- tions the Judge thinks fit.
(4) A party to a proceeding or an intended proceeding who is dissatisfied with an order or a decision made by a Registrar or Deputy Registrar under rules made under section 145 may apply to the same court to review the order or deci- sion.

The court may then make any order or decision the court thinks just.
20 25 30 35 61 Part 6 cl 149 Senior Courts Bill (5) The fact that a Registrar or Deputy Registrar has jurisdiction and powers under the rules does not prevent a Judge of the same court from exercising the juris- diction and powers.
Compare: 1908 No 89 s 51F 149 Rules of practice and procedure under other Acts The power to make rules of practice and procedure in relation to civil proceed- ings in the High Court, the Court of Appeal, or the Supreme Court under an Act other than this Act must be exercised in the manner prescribed by section 145.
Compare: 1908 No 89 s 51D 150 Power to prescribe procedure on applications to High Court, Court of Appeal, or Supreme Court (1) Despite anything to the contrary in any Act, rules may be made under section 145 prescribing the form and manner in which any class or classes of applica- tions to the High Court or a High Court Judge or to the Court of Appeal or to the Supreme Court are to be made.
(2) To the extent that the provisions of any Act prescribing the form or manner in which any of those applications are to be made (whether by petition, motion, summons, or otherwise) are inconsistent with or repugnant to rules made or having effect under this Act, the Act prescribing that form or manner is deemed to be subject to the rules made or having effect under this Act.
Compare: 1908 No 89 s 51E 151 Publication of High Court Rules under Legislation Act 2012 (1) The High Court Rules, and any reprint of the High Court Rules, may be pub- lished under the Legislation Act 2012 as if the rules were a legislative instru- ment within the meaning of that Act.

(2) The Legislation Act 2012 applies accordingly to rules published in that way.
Compare: 1908 No 89 s 51A 151 Publication of High Court Rules under Legislation Act 2012 (1) (2) The High Court Rules and reprints of those rules must be published under the Legislation Act 2012, as the High Court Rules 2016, as if they were a legisla- tive instrument within the meaning of the Legislation Act 2012.

30 The Legislation Act 2012 applies accordingly to the rules published in that way.
(3) However, the Chief Parliamentary Counsel may add to the instrument, as pub- 35 lished,— (a) the information specified in section 12(2)(a) to (d) of the Legislation Act 2012; and 62 Senior Courts Bill Part 6 cl 153 (b) any other information that the Chief Parliamentary Counsel considers to be necessary or appropriate for the purposes of arranging publication of the instrument and making it accessible for users.
152 Rules Committee (1) For the purposes of this Act, Part 2 of the Judicature Modernisation Act 2013, the Criminal Procedure Act 2011, and any other relevant Act, there con- tinues to be a Rules Committee consisting of— 5 (a) (b) (c) (d) (e) (f) (g) (h) (i) the Chief Justice: the Chief High Court Judge: 2 other Judges of the High Court appointed by the Chief Justice: 10 the Chief District Court Judge: 1 other District Court Judge appointed by the Chief Justice on the rec- ommendation of the Chief District Court Judge: the Attorney-General: the Solicitor-General: the chief executive of the ministry responsible for the administration of this Act: 2 persons, who are barristers and solicitors of the High Court, nominated by the Council of the New Zealand Law Society and approved by the Chief Justice.
(2) (3) (4) (5) The Chief Justice may appoint any other person to be a member of the Rules Committee for a special purpose.

That person holds office during the pleasure of the Chief Justice.

The members appointed under subsection (1)(c), (e), and (i)— (a) must be appointed for terms not exceeding 3 years: (b) may be reappointed: (c) may resign office by notice in writing to the Chief Justice.

The Rules Committee is a statutory board within the meaning of the Fees and Travelling Allowances Act 1951.
The members of the Rules Committee referred to in subsections (1)(i) and (2) may be paid fees, salary, and allowances in accordance with the Fees and Travelling Allowances Act 1951.
Compare: 1908 No 89 s 51B Regulations 153 Regulations (1) The Governor-General may, by Order in Council, make regulations for all or any of the following purposes: 63 15 20 25 30 35 Part 6 cl 154 Senior Courts Bill (a) (b) (c) (d) (e) (f) prescribing the applications, matters, and proceedings for which fees are payable under this Act: prescribing scales of fees for the purposes of this Act and for the pur- poses of any applications, matters, and proceedings before a senior court under this Act or any other enactment: prescribing the fees, travelling allowances, and expenses payable to in- terpreters and to persons giving evidence in proceedings to which this Act applies: in relation to a service performed by a Registrar or Deputy Registrar under this Act and specified in regulations made under paragraph (e), authorising a Registrar or Deputy Registrar to charge a reasonable fee calculated on the actual expense incurred in performing the service: specifying the services (other than services for which a fee is already prescribed under this Act) performed by a Registrar or Deputy Registrar under this Act for which that person may charge a fee: making provision in relation to the postponement, under the regulations, of the payment of any fee, which provision may (without limitation) in- clude provision— 5 10 15 (i) (ii) for the recovery of the fee after the expiry of the period of post- ponement; and 20 for restrictions to apply (after the expiry of the period of post- ponement and so long as the fee remains unpaid) on the steps that may be taken in the proceedings in respect of which the fee is payable: (g) altering or revoking any rules relating to fees contained in the High Court Rules, any rules made under section 145, or any other rules of court: (h) providing for such matters as are contemplated by or necessary for giv- ing full effect to the provisions of this Act and for its due administration.
Regulations made under this section may prescribe different fees in respect of proceedings in different courts.
(2) Compare: 1908 No 89 s 100A 154 Regulations providing for waiver, etc, of fees In order to promote access to justice, the Governor-General may, by Order in Council, make regulations authorising a Registrar or Deputy Registrar of a se- nior court to waive, reduce, or postpone the payment of a fee required in con- nection with a proceeding or an intended proceeding, or to refund in whole or in part a fee that has already been paid.
(1) 64 25 30 35 Senior Courts Bill Part 6 cl 157 (2) Regulations made under subsection (1) must provide that a Registrar or Deputy Registrar may only exercise a power under the regulations if he or she is satisfied on the basis of prescribed criteria that— (a) (b) the person responsible for payment of the fee is unable to pay or absorb the fee in whole or in part; or 5 unless 1 or more of those powers are exercised in respect of a proceed- ing that concerns a matter of genuine public interest, the proceeding is unlikely to be commenced or continued.
(3) For the purposes of subsection (2), regulations may prescribe criteria— (a) for assessing a person’s ability to pay a fee; and (b) for identifying proceedings that concern matters of genuine public inter- est.

(4) No fee is payable for an application for the exercise of a power specified in subsection (1).
Compare: 1908 No 89 s 100A(1)(d), (da) 155 Postponement of fees 10 15 (1) The Governor-General may, by Order in Council, make regulations authorising a Registrar or Deputy Registrar to postpone the payment of a fee pending the determination of— (a) an application for the exercise of a power specified in section 154(1); or 20 (b) an application for review under section 157.

(2) No fee is payable for an application for the exercise of a power specified in subsection (1).
Compare: 1908 No 89 s 100A(1)(db) 156 Manner in which section 154 or 155 applications to be made Regulations made under section 153 may provide for the manner in which an application for the exercise of a power specified in section 154(1) or 155(1) is to be made, including, without limitation, requiring an application to be in a form approved for the purpose by the chief executive of the Ministry of Justice.
Compare: 1908 No 89 s 100A(1)(dd) 157 Review of Registrar’s decision concerning fees (1) A person who disagrees with a decision of a Registrar or Deputy Registrar under regulations made under section 154(1) may apply to a Judge or an As- sociate Judge of the relevant court to review the decision.
(2) The application must be made within— (a) 20 working days after the date on which the applicant is notified of the decision; or 25 30 35 65 Part 6 cl 157A Senior Courts Bill (b) any further time that the Judge or Associate Judge allows on application, which may be made either before or after the expiry of that period.

(3) The application may be made informally.


(4) A review is— (a) (b) conducted by way of rehearing of the matter in respect of which the Registrar or Deputy Registrar made the decision; and 5 dealt with on the papers, unless the Judge or Associate Judge directs otherwise.

(5) The Judge or Associate Judge may confirm, modify, or reverse the decision of the Registrar or Deputy Registrar.

10 (6) No fee is payable on the application.


Compare: 1908 No 89 s 100B 157A Judge or Registrar may waive certain fees A Judge or Registrar of a senior court may, subject to any terms or conditions that the Judge or Registrar thinks fit, waive the payment of a fee prescribed under section 153 for accessing documents (in whole or in part) if the Judge or Registrar is satisfied that the person is unable, or should not be required, to pay the fee.
Costs 158 Jurisdiction of court to award costs in all cases (1) (2) If any Act confers jurisdiction on the High Court or a Judge of the High Court for the purpose of any civil proceedings or any criminal proceedings or any ap- peal, without expressly conferring jurisdiction to award or otherwise deal with the costs of the proceedings or appeal, jurisdiction to award and deal with those costs and to make and enforce orders relating to costs must be treated as also having been conferred on the court or Judge.
Costs may be awarded or otherwise dealt with under subsection (1) at the discretion of the court or Judge, and may, if the court or Judge thinks fit, be ordered to be charged on or paid out of any fund or estate before the court.
Compare: 1908 No 89 s 51G Appointment of technical advisers 159 Court of Appeal and Supreme Court may appoint technical advisers The Court of Appeal or the Supreme Court may appoint a suitably qualified person (a technical adviser) to assist it by giving advice in an appeal in a pro- ceeding involving a question arising from evidence relating to scientific, tech- nical, or economic matters, or from other expert evidence, if the court is of the opinion that it is desirable to have expert assistance.
(1) 66 15 20 25 30 35 Senior Courts Bill Part 6 cl 161 (2) The technical adviser must give the advice in the manner directed by the court during the course of the proceeding on any question referred to the technical adviser.

(3) Advice given by a technical adviser— (a) is information provided to the court; and (b) may be given the weight the court thinks fit.
Compare: 1908 No 89 s 99B 160 Appointment and other matters (1) A technical adviser may be appointed by the court under section 159 on— (a) (b) its own initiative; or the application of a party to the proceeding.

5 10 (2) A technical adviser may be removed from office by the court for disability af- fecting the performance of duty, neglect of duty, bankruptcy, or misconduct proved to the satisfaction of the court.

(3) A technical adviser may resign office by notice in writing to the court.
15 (4) The remuneration of a technical adviser must— (a) (b) be fixed by the court; and include a daily fee for each day on which the technical adviser is re- quired to assist the court.

(5) Civil or criminal proceedings may not be commenced against a technical ad- viser in relation to advice given to the court in good faith.
20 Compare: 1908 No 89 s 99C Contempt 161 Contempt of court (1) This section applies if any person— (a) wilfully insults a judicial officer, or any Registrar, or any officer of the court, or any juror, or any witness, during his or her sitting or attendance in court, or in going to or returning from the court; or (b) wilfully interrupts the proceedings of a court or otherwise misbehaves in court; or (c) wilfully and without lawful excuse disobeys any order or direction of the court in the course of the hearing of any proceedings.
(2) If this section applies,— (a) any constable or officer of the court, with or without the assistance of any other person, may, by order of a judicial officer Judge or an Associ- ate Judge, take the person into custody and detain him or her until the rising of the court; and 67 25 30 35 Part 6 cl 162 Senior Courts Bill (b) the judicial officer Judge or an Associate Judge may, if he or she thinks fit, sentence the person to— (i) (ii) imprisonment for a period not exceeding 3 months; or a fine not exceeding $1,000 for each offence.
(3) Nothing in this section limits or affects any power or authority of a court to punish any person for contempt of court in any case to which this section does not apply.

5 Compare: 2011 No 81 s 365 Restriction on commencing or continuing proceeding 162 Judge may make order restricting commencement or continuation of proceeding (1) A Judge of the High Court may make an order (a section 162 order) restricting a person from commencing or continuing a civil proceeding.
(2) The order may have— (a) (b) (c) a limited effect (a limited order); or an extended effect (an extended order); or a general effect (a general order).

(3) A limited order restrains a party from continuing or commencing or continuing civil proceedings on a particular matter in a senior court, another court, or a tri- bunal.
(4) An extended order restrains a party from continuing or commencing or con- tinuing civil proceedings on a particular or related matter in a senior court, an- other court, or a tribunal.

(5) A general order restrains a party from continuing or commencing or continuing civil proceedings in a senior court, another court, or a tribunal.

(6) Nothing in this section limits the court’s inherent power to control its own pro- ceedings.
163 Grounds for making section 162 order (1) A Judge may make a limited order under section 162 if, in at least 2 civil proceedings about the same matter in any court or tribunal, the Judge considers that at least 2 or more of the proceedings are or were totally without merit.

(2) A Judge may make an extended order under section 162 if, in at least 2 pro- ceedings about any matter in any court or tribunal, the Judge considers that the proceedings are or were totally without merit.
(3) A Judge may make a general order if, in at least 2 proceedings about any matter in any court or tribunal, the Judge considers that the proceedings are or were totally without merit.
10 15 20 25 30 35 68 (4) (5) (6) Senior Courts Bill Part 6 cl 165 In determining whether proceedings are or were totally without merit, the Judge may take into account the nature of any interlocutory applications, ap- peals, or criminal prosecutions involving the party to be restrained, but is not limited to those considerations.

The proceedings concerned must be proceedings instituted or conducted com- menced or continued by the party to be restrained, whether against the same person or different persons.
5 For the purpose of this section and sections 164 and 165, an appeal in a civ- il proceeding must be treated as part of that proceeding and not as a distinct proceeding.

164 Terms of section 162 order (1) A An order made under section 162 order may restrain a party from com- mencing or continuing any proceeding (whether generally or against any par- ticular person or persons) of any type specified in the order without first ob- taining the leave of the High Court.
(2) A An order made under section 162 order, whether limited, extended, or gen- eral, has effect for a period of up to 3 years as specified by the Judge, but the Judge making it may specify a longer period (which must not exceed 5 years) if he or she is satisfied that there are exceptional circumstances justifying the longer period.

165 Procedure and appeals relating to section 162 orders (1) A party to any proceeding may apply for a limited order or an extended order.
(2) Only the Attorney-General may apply for a general order.

(2A) A Judge of the High Court may make a limited order, an extended order, or a general order either on application (under subsection (1) or (2), as applic- able) or on his or her own initiative.

(3) An application for leave to continue or issue commence a civil proceeding by a party subject to a section 162 order may be made without notice, but the court may direct that the application for leave be served on any specified per- son.
(3A) An application for leave must be determined on the papers, unless the Judge considers that an oral hearing should be conducted because there are exception- al circumstances and it is appropriate to do so in the interests of justice.

The Judge’s determination of the application for leave is final.

(3B) The Judge’s determination of an application for leave is final.

(4) A section 162 order does not prevent or affect the commencement of a pri- vate criminal prosecution in any case.
(5) The party against whom a section 162 order is made may appeal against the order to— 69 10 15 20 25 30 35 Part 6 cl 166 Senior Courts Bill (a) (b) the Court of Appeal: the Supreme Court, with the leave of that court, in any case.

(6) The appellant in an appeal to the Court of Appeal under subsection (5) or the applicant for the section 162 order concerned may, with the leave of the Su- preme Court, appeal to the Supreme Court against the determination of that ap- peal by the Court of Appeal.
(7) A court determining an appeal under this section has the same powers as the court appealed from has to determine an application or appeal, as the case may be.

(8) In this section, a section 162 order means an order made under section 162.
Compare: 1908 No 89 s 88B 5 10 Reserved judgments and publication of final judgments 166 Reserved judgments (1) The Chief High Court Judge must, in consultation with the Chief Justice,— 15 (a) (b) (c) publish information about the process by which parties to proceedings before the High Court may obtain information about the status of any re- served judgment in those proceedings; and periodically publish information about the number of judgments of the court that he or she considers is are outstanding beyond a reasonable time for delivery; and 20 publish any other information about reserved judgments that he or she considers is useful.
(2) The President of the Court of Appeal must, in consultation with the Chief Just- ice,— 25 (a) (b) (c) publish information about the process by which parties to proceedings before the Court of Appeal may obtain information about the status of any reserved judgment in those proceedings; and periodically publish information about the number of judgments of the court that he or she considers is outstanding beyond a reasonable time for delivery; and publish any other information about reserved judgments that he or she considers is useful.
(3) The Chief Justice must— (a) publish information about the process by which parties to proceedings before the Supreme Court may obtain information about the status of any reserved judgment in those proceedings; and 30 35 70 Senior Courts Bill Part 6 cl 168 (b) (c) periodically publish information about the number of judgments of the court that he or she considers is are outstanding beyond a reasonable time for delivery; and publish any other information about reserved judgments that he or she considers is useful.
5 167 Final written judgments to be published on Internet (1) Every final written judgment of a senior court must be published on the Inter- net as soon as practicable unless there is good reason not to publish the com- plete judgment.

(2) A final written judgment may be published on the Internet in part if there are 10 good reasons for not publishing the other parts of the judgment.
(3) Good reason not to publish a judgment or part of it includes the following: (a) (b) (c) non-publication is necessary because of a suppression order or statutory requirement that affects publication or continued publication: the judgment falls into a category of judgments that are of limited public value: 15 taking into account the presumption in subsection (1) in favour of publication, a Judge nevertheless determines that the judgment or any part of it should not be published because publication or the effect of publication would be contrary to the interests of justice.
20 (4) In this section, final written judgment means a written decision that deter- mines or substantially determines the outcome of any proceedings and that is either— (a) (b) a written reserved judgment; or an oral judgment transcribed by an official transcription service.
25 168 Recusal guidelines Recusal (1) The Chief High Court Judge and the President of the Court of Appeal must, in consultation with the Chief Justice, develop and publish guidelines for their re- spective courts to assist Judges to decide if they should recuse themselves from 30 a proceeding.

(2) The Chief Justice must develop and publish guidelines to assist Supreme Court Judges to decide if they should recuse themselves from a proceeding.
71 Part 6 cl 170 Senior Courts Bill Foreign creditors 170 Memorials of judgments obtained out of New Zealand may be registered (1) This section applies to any judgment, decree, rule, or order (the judgment) ob- tained in any court of any Commonwealth country (the overseas court) for the payment of money.

5 (2) A person in whose favour the judgment was obtained may file in the High Court a memorial containing the specified particulars that is authenticated by the seal of that court.
Once filed, the memorial becomes a record of the judg- ment and execution may issue upon it in accordance with this section.
(3) The memorial must be signed by a party in whose favour the judgment was ob- tained or by the party’s lawyer, and must contain— 10 (a) (b) (c) (d) the names and additions of the parties; and the form or nature of the action or other proceeding; and when commenced, the date of the signing or entering-up of the judg- ment, the passing of the decree, or the making of the rule or order; and 15 the amount recovered, or the decree pronounced, or rule or order made; and (e) if there was a trial, the date of the trial and amount of verdict given.
(4) A seal purporting to be the seal of an overseas court is deemed and taken to be the seal of the court until the contrary is proved, and the onus of proving that the seal is not the seal of the court lies on the party denying or objecting to the seal.
(5) A party in whose favour the judgment was obtained, or the party’s lawyer, may apply to the High Court or any Judge of the court for the making of a rule or the issue of a summons calling on the person against whom the judgment was obtained to show cause, within the time after personal or other service of the rule or summons as the court or Judge directs, why execution should not issue upon the judgment.
The rule or summons must give notice that, in default of appearance, execution may issue accordingly, and if the person served with the rule or summons does not appear, or does not show sufficient cause against such rule or summons, the court or Judge, on due proof of service under subsection (5), may make the rule absolute or make an order for issuing execution, subject to any terms and conditions (if any) that the court or Judge thinks fit.
The judgment may be enforced in the same manner as a judgment of the High Court.

35 This section is subject to section 13 of the Reciprocal Enforcement of Judg- ments Act 1934.
Compare: 1908 No 89 s 56 20 25 30 (6) (7) (8) 72 Senior Courts Bill Part 6 cl 171A Access to information 171 Access to court records information, judicial information, or ministry Ministry of Justice information (1) Any person may have access to court records information of a senior court to the extent provided by, and in accordance with, rules of court.

(2) Access to judicial information is not subject to any enactment that applies to the provision of, or access to, any other information.
(3) Any person may have access to any ministry Ministry of Justice information to the extent provided by, and in accordance with, the Official Information Act 1982, the Privacy Act 1993, the Public Records Act 2005, or any other enact- ment providing for or regulating access to the information.

(4) In this section, court records information, judicial information, and minis- try Ministry of Justice information respectively mean the documents and in- formation described as such in Schedule 2.
171A Sharing of permitted information with other departments (1) (2) (3) This section applies to permitted information specified in Part B of the items about the court record relating to court information in Schedule 2, regardless of whether it the information is controlled by the judiciary.
In response to a request from an agency for information to which this section applies, the Ministry of Justice may, by way of an approved information shar- ing agreement under the Privacy Act 1993, share any permitted information with the agency.
The Ministry of Justice holds permitted information solely for the purpose of entering into approved information sharing agreements under the Privacy Act 1993, and that information is not otherwise subject to the Privacy Act 1993 and is not subject to the Official Information Act 1982 or the Public Records Act 2005.
(4) Nothing in this section or an approved information sharing agreement under the Privacy Act 1993 requires the Ministry of Justice to disclose any matter suppressed by or under a court order or any enactment.

(5) (6) The Governor-General may, by Order in Council made on the recommendation of the Minister of Justice, amend or replace Part B of the items about the court record relating to court information in Schedule 2.
The Minister of Justice may make a recommendation under subsection (5) only after consultation with the Attorney-General and with the consent of the Chief Justice.

5 10 15 20 25 30 35 73 Part 6 cl 171B Senior Courts Bill 171B Requirements that Registrars disclose information (1) (2) If any enactment requires a Registrar to notify a registration authority of certain information about any court proceedings, that requirement is not affected by any suppression order imposed by the court or by operation of law.
Even if the enactment provides that the court may order otherwise in any case, the requirement is not affected by any suppression order imposed by the court unless the court specifically orders otherwise in that case.

5 Payment of fees collected 172 Fees to be paid into Crown Bank Account All fees taken or received under this Act must be paid into a Crown Bank Ac- count.
10 Compare: 1908 No 89 ss 42, 53 Provisions and rules of general application 173 Judicial officers to continue in office to complete proceedings (1) This section applies to proceedings in a senior court, another court, or a tribu- nal.

15 (2) A judicial officer whose term of office has expired or who has retired may con- tinue in office for the purpose of completing the hearing of a matter, or deter- mining or giving judgment in proceedings, that the judicial officer has heard either alone or with others.
(3) A judicial officer must not continue in office under subsection (1) for longer than 3 months without the consent of the nominating Minister.

(4) The fact that a judicial officer continues in office does not affect the power to appoint another person to that office.
(5) A judicial officer who continues in office is entitled to be paid the appropriate rate for the days or half-days worked in completing the proceedings, and that rate is the rate of the remuneration and allowances to which the officer would have been entitled for those days or half-days if the term of office had not ex- pired or the officer had not retired.
20 25 (6) In this section, judicial officer means a person who has in New Zealand au- thority under an enactment to hear, receive, and examine evidence.

30 Compare: 1908 No 89 s 88A 174 Costs where intervener or counsel assisting court appears This section applies to proceedings in any senior court or other court.
If the Attorney-General or the Solicitor-General or any other person appears as an intervener or counsel to assist the court in any civil proceedings or in any proceedings on any appeal and argues any question of law or of fact arising in 35 (1) (2) 74 Senior Courts Bill Part 6 cl 178 the proceedings, the court may, subject to the provisions of any other Act, make any order it thinks just— (a) (b) (c) as to the payment by any party to the proceedings of the costs incurred by the Attorney-General or the Solicitor-General in so doing; or as to the payment by any party to the proceedings or out of public funds of the costs incurred by any other person in so doing; or 5 as to the payment by the Attorney-General or the Solicitor-General or that other person of any costs incurred by any of those parties by reason of his or her so doing.
(3) If the court makes an order under subsection (2)(b), the Registrar of the court must forward a copy of the order to the chief executive of the Ministry of Justice who must make the payment out of money appropriated by Parliament for the purpose.

Compare: 1908 No 89 s 99A 175 Judgment against one of several persons jointly liable not a bar to action against others (1) This section applies to proceedings in any senior court or other court.
(2) A judgment against 1 or more of several persons jointly liable does not operate as a bar or defence to civil proceedings against any of the persons against whom judgment has not been recovered, except to the extent to which the judg- ment has been satisfied.

(3) This section does not apply to any action or other proceeding to which Part 5 of the Law Reform Act 1936 applies.
Compare: 1908 No 89 s 94 176 Rules of equity prevail over rules of common law (1) (2) This section applies to proceedings in a senior court, another court, or a tribu- nal where equitable jurisdiction may be exercised.

If there is any conflict or variance between the rules of equity and the rules of the common law in relation to the same matter, the rules of equity prevail.
Compare: 1908 No 89 s 99 178 Discharge of juror or jury Discharge of jurors Nothing in this Act affects the powers of a court or Judge to discharge a juror or jury for a civil case under section 22 of the Juries Act 1981.

Compare: 1908 No 89 s 54B 10 15 20 25 30 35 75 Part 6 cl 179 Senior Courts Bill Repeals, revocations, consequential amendments, and savings and transitional provisions 179 Repeals (1AA) Sections 51A to 51F and 99D of the Judicature Act 1908 are repealed.
(1) (2) (3) The rest of the Judicature Act 1908 (1908 No 89), except section 87 of that Act, is repealed.

5 The Supreme Court Act 2003 (2003 No 53) is repealed.

Section 87 of the Judicature Act 1908 is repealed.

180 Consequential amendments The enactments specified in Schedule 3 each of the following Schedules are consequentially amended in the manner indicated in that schedule.

: 10 (a) (b) (c) Schedule 1A: Schedule 3: Schedule 3A.
181 Regulations continued (1) The following regulations continue in force and are deemed to have been made under section 153: (a) the Court of Appeal Fees Regulations 2001: (b) (c) (d) the High Court Fees Regulations 2013: the Supreme Court Fees Regulations 2003: the Witnesses and Interpreters Fees Regulations 1974.

(2) The regulations continued in force by this section may be amended, revoked, or replaced under section 153.
182 Rules continued (1) The following rules continue in force and are deemed to have been made under section 145: (a) the Court of Appeal (Access to Court Documents) Rules 2009: the Court of Appeal (Civil) Rules 2005: the Court of Appeal (Criminal) Rules 2001: the Court of Appeal (List Election Petitions) Rules 1998: the Evidence (Trans-Tasman Service of, and Compliance with, New Zealand Subpoenas and Australian Subpoenas Issued in Criminal Pro- ceedings) Rules 2013: the Supreme Court Rules 2004: the Trans-Tasman Proceedings Regulations and Rules 2013.
(b) (c) (d) (e) (f) (g) 76 15 20 25 30 35 Senior Courts Bill Part 6 cl 183 (2) (3) The rules continued in force by this section may be amended, revoked, or re- placed under section 145.
The repeal of sections 51A to 51D of the Judicature Act 1908 by section 179(1AA) does not affect— (a) the Constituency Election Petition Rules 2008: (b) (c) (d) (e) the Court Martial Appeal Court Rules 2008: the Criminal Procedure Rules 2012: the Criminal Proceedings (Enforcement of Fines) Rules 2011: the Lawyers and Conveyancers Act (Lawyers: Admission) Rules 2008.

183 Transitional provisions The transitional provisions set out in Schedule 4 apply.
· · · · · 5 10 77 Schedule 1 Senior Courts Bill Schedule 1 High Court Rules Schedule 1 Deleted.

s 4 5 Schedule 1, deleted, comprised the High Court Rules.
The full text of this Schedule, as reported from the Justice and Electoral Committee on 13 June 2014, can be found at: http://www.legislation.govt.nz/bill/government/2013/0178/latest/DLM5760329.html 78 Senior Courts Bill Schedule 1A Schedule 1A Consequential amendments to High Court Rules 2016 s 180(a) High Court Rules 2016 In rule 1.3(1), replace the definition of Act with: Act means Part 1 of the Judicature Modernisation Act 2013 In rule 1.3(1), definition of court, paragraph (b), replace “section 26J” with “section 145”.
In rule 1.3(1), definition of Judge, replace “section 26J” with “section 21”.

Replace rule 1.4(3)(a) with: 5 10 (a) the enactments referred to in section 144(5) of the Act: In rule 1.4(3)(d), replace “section 51C” with “section 145”.

After rule 1.4, insert: 1.4A Transitional, savings, and related provisions The transitional, savings, and related provisions set out in Schedule 1AA have effect according to their terms.

15 In rule 2.1(2), replace “section 26I of the Act” with “section 19 of the Act”.
Replace rule 2.1(3) with: (3) Despite subclause (1), an Associate Judge does not have jurisdiction or powers in respect of the matters specified in section 21(4) of the Act.

In rule 2.2, replace “section 26N(1) of the Act” with “section 25(1) of the Act”.

Revoke rule 2.3.

Revoke rule 2.4.

In rule 2.11(3), replace “Part 1 of the Judicature Amendment Act 1972” with “Part 3 of the Judicature Modernisation Act 2013”.

In rule 3.3(3)(b), delete “despite section 54 of the Act,”.
Replace rule 4.4(3) with: (3) A third party notice may be issued only with the leave of the court if an appli- cation for judgment is pending under rule 12.2 or 12.3.

In rule 4.6(3), replace “Rule” with “Rules”.

In rule 5.1(d)(i), replace “Part 1 of the Judicature Amendment Act 1972” with “Part 3 of the Judicature Modernisation Act 2013”.
In rule 5.64(1), replace “made under section 43, 44, or 45 of the District Courts Act 1947” with “made under any of sections 268 to 273 of the Judicature Modern- isation Act 2013”.

20 25 30 35 79 Schedule 1A Senior Courts Bill High Court Rules 2016—continued In rule 5.64(2), replace “made under section 43(6) of the District Courts Act 1947” with “made under section 271 of the Judicature Modernisation Act 2013”.
Replace rule 5.69 with: 5.69 Transfer under section 273 of Judicature Modernisation Act 2013 (1) An application under section 273 of the Judicature Modernisation Act 5 2013 must be by interlocutory application.
It must,— (2) (a) (b) if made by the counterclaimant, be made within 5 working days after the counterclaim or set-off and counterclaim is filed in the District Court: if made by the party against whom the counterclaim or set-off and coun- terclaim is made, be made within 5 working days after service on that party.

(3) At any time after an application under subclause (1) has been filed, the court may order the proceedings in the District Court to be stayed pending its dis- posal.
(4) (5) The order in subclause (3) may be made without notice and subject to any con- ditions or undertakings that the court thinks just.

If the court orders that the counterclaim or set-off and counterclaim alone be transferred, references in these rules to the plaintiff must be read as references to the counterclaimant and references to the defendant must be read as referen- ces to the party against whom the counterclaim or set-off and counterclaim is made.
Compare: 1908 No 89 Schedule 2 r 5.69 (as substituted by 2008 No 90 s 8) After rule 5.73A, insert: Subpart 15—Registration of users for e-filing purposes 10 15 20 25 5.74 Interpretation In this subpart and in subpart 16, unless the context otherwise requires,— e-file means to file a document electronically (as those concepts are defined in rule 1.3) formal undertaking is an undertaking by a party or a party’s solicitor on the record to do or abstain from doing some specified thing 30 registered user means a lawyer or a firm of lawyers registered to e-file docu- ments under these rules working hours means hours, whether on the same day as the day on which a document was received in a registry or on that day and the next day during which the registry of the court is open.
35 80 Senior Courts Bill Schedule 1A High Court Rules 2016—continued 5.75 Registration procedure (1) A lawyer or a firm of lawyers may apply in writing to a Registrar for registra- tion under this subpart.
(2) The Registrar must register the applicant as a registered user if— (a) (b) (c) the applicant has, in the Registrar’s opinion, instituted sufficient meas- ures to prevent unauthorised persons filing documents in the applicant’s name; and 5 the applicant has nominated an acceptable electronic address for service; and the applicant’s name is sufficiently distinctive to avoid confusion be- tween the applicant and another firm or lawyer (including that part of a partnership that has an office in a different place).
(3) The Registrar may require an applicant to supply the names of those persons who are, from time to time, authorised to e-file on behalf of the applicant.

(4) No fee is chargeable for registration.

(5) When granting the application, the Registrar must— (a) assign the registered user an electronic identity for use whenever a docu- ment is e-filed; and (b) open an account in the name of the registered user.
(6) (7) The Registrar must keep a register recording the name, electronic address for service, and electronic identity of each registered user and the date of that us- er’s registration under this subpart.

The register kept under subclause (6) may be searched by or on behalf of a registered user.

5.76 Effect of registration (1) A registered user may e-file any document that complies with subpart 16.
(2) A registered user may file any document in hard copy by physical lodgement (whether or not that document has already been e-filed).

(3) If there is any difference between the content of an e-filed document and the filed hard-copy version of the same document, the hard-copy version prevails, and the document is treated as filed when it is physically lodged.

5.77 Renewal of registration Registration lasts 36 months and is then renewable.
81 10 15 20 25 30 Schedule 1A Senior Courts Bill High Court Rules 2016—continued Subpart 16—E-filing documents 5.78 Requirements for e-filing (1) A document may be e-filed if it complies with this rule.

(2) An electronic communication sent with a document for e-filing must be au- thenticated by a current electronic identity assigned by the Registrar.
5 (3) A document that is e-filed, and any electronic communication by which the document is e-filed, must comply with the requirements set out in a practice note issued by the Chief Judge or by a list Judge for a particular registry of the court with the approval of the Chief Judge.
(4) The practice note may also limit the number of documents that may be filed on a single occasion or in a stated period, and impose other requirements to ensure that electronic filing is convenient to registered users and is efficient and relia- ble and causes no injustice to other parties.

(5) A document that is e-filed other than in imaged form need not comply with the rules as to shape, size, and format in subpart 2 (formal requirements for docu- ments).
(6) A document that is e-filed in imaged form must comply with subpart 2.

(7) An e-filed document must be adequately labelled so that it is obvious what it is (for example, “Interlocutory application without notice for interim injunction”).
(8) If, under these rules, a document can be filed only if it is signed or otherwise authenticated, use of the registered user’s electronic identity to authenticate the electronic communication sent with the document must be treated for all pur- poses as equivalent to that user’s signature or other authentication of that docu- ment.

(9) This rule is subject to rule 5.81.


5.79 Provisional filing (1) An e-filed document must be treated as provisionally filed on the date and at the time it enters the information system designated for this purpose in the ap- plicable practice note issued under rule 5.78(3), and that date and time must be recorded on the court file.
(2) The Registrar or a Deputy Registrar must ensure that every provisionally filed document is checked to ensure it meets the requirements imposed by this sub- part and by that practice note.
(3) Checking must— 10 15 20 25 30 (a) (b) be completed within 2 working hours of the provisional filing of an e- filed document; and 35 comply with operational standards not conflicting with this subpart issued by the Ministry of Justice and available on request to registered 82 Senior Courts Bill Schedule 1A High Court Rules 2016—continued users and any person considering registration under subpart 15 or the practice note issued under rule 5.78(3).
5.80 Acceptance of provisionally filed documents (1) Acceptance of a document by the Registrar or a Deputy Registrar must be re- corded by dating and timing that acceptance and endorsing the document “Ac- cepted for filing” and verifying that date, time, and endorsement.

5 (2) (3) The Registrar must immediately notify the registered user if an e-filed docu- ment is not accepted.
If an e-filed document is accepted it must be treated for all purposes as having been filed on the date and at the time when it is recorded as having been provi- sionally filed.

10 (4) Upon acceptance of an e-filed document, the Registrar must direct debit the registered user with the appropriate fee for filing that document.

5.81 Affidavits and formal undertakings (1) An affidavit or a formal undertaking may be e-filed if the e-filing complies 15 with this rule.
If an affidavit or a formal undertaking is being e-filed, it must be transmitted to the court in imaged form.

Rule 5.78(2), (3), and (7) applies to the e-filing of an affidavit or a formal undertaking.
20 The original hard-copy form of the affidavit or formal undertaking, sworn or signed or authenticated as required by these rules, must be retained by the registered user,— (a) (b) if the affidavit or formal undertaking is filed in connection with an appli- cation under Part 18 or 19, or in a proceeding that does not go to trial, for 12 months from the date of e-filing: if it is filed in connection with a proceeding, and that proceeding goes to trial, until no appeal or further appeal from a judgment given in that pro- ceeding is possible.
If uncertainty as to the content of an affidavit or formal undertaking arises, or a Judge considers that justice requires its production, the Judge, on application or on the Judge’s own initiative, may order that it be filed in court and served on the other party or parties in hard copy form, and may make such order as to a further hearing as the Judge thinks just.

Revoke rule 6.19(2).

Revoke rule 7.1AA(4).


Replace rule 7.1AA(5) with: 83 25 30 35 (2) (3) (4) (5) Schedule 1A Senior Courts Bill High Court Rules 2016—continued (5) An application for judicial review may be subject to case management under section 433 of the Judicature Modernisation Act 2013 and any rules relating to the case management of those proceedings.

Revoke rule 7.1(5)(g).

In rule 7.16, replace “section 19A” with “section 15”.

In rule 7.49(2)(b), delete “; or”.

Revoke rule 7.49(2)(c).


Revoke rule 8.9(b).

In rule 9.32(2), replace “section 100(1)” with “section 42(1)”.

In rule 9.53, replace “section 56A(3)” with “section 39”.

Replace rule 10.24(1) with: (1) A Judge may, by video link, preside at the hearing of any matter referred to in section 19 of the Act.

In rule 15.20(1)(a)(iii), replace “section 8 of the Judicature Amendment Act 1972” with “section 435 of the Judicature Modernisation Act 2013”.
In rule 17.40(2), replace “form E 4, form E 5, or form E 6” with “form E 4, E 5, or E 6”.

In rules 17.88(1), 17.89(1), and 17.90(1), replace “section 55” with “section 38”.

In rule 19.2(c), replace “299,” with “and 299,”.


Replace rule 19.2(g) with: (g) section 271 of the Judicature Modernisation Act 2013: Replace rule 19.2(k) with: (k) section 170 of the Judicature Modernisation Act 2013: In rule 20.13(5),— (a) (b) replace “under the District Courts Act 1947” with “under Part 2 of the Judi- cature Modernisation Act 2013”; and replace “under section 74” with “under section 308 of that Act”.
In rule 23.1(2)(b), replace “(section 56 of the Judicature Act 1908)” with “(see sec- tion 170 of the Judicature Modernisation Act 2013)”.

In rule 23.1(3), replace “under section 56(4) of the Judicature Act 1908” with “under section 170(5) of the Judicature Modernisation Act 2013”.

In rule 28.7(1), replace “section 56G of the Act” with “under section 84 of the Trans-Tasman Proceedings Act 2010”.
In rule 28.11(3)(b), replace “section 56D of the Act” with “section 81 of the Trans- Tasman Proceedings Act 2010”.

35 Revoke Part 29.

84 Senior Courts Bill Schedule 1A High Court Rules 2016—continued In rule 30.3(1) and (2), replace “under Part 1 of the Judicature Amendment Act 1972” with “under Part 3 of the Judicature Modernisation Act 2013”.
In rule 31.39, replace “coming into force of these rules applies” with “commencement of the Schedule of the Judicature (High Court Rules) Amendment Act 2008 applies”.

In Schedule 1, form G 22, paragraph 5, replace “under section 56G of the Judicature Act 1908 of New Zealand.

Section 56G of the Judicature Act 1908 provides” with “under section 84 of the Trans-Tasman Proceedings Act 2010 of New Zealand.

Section 84 of the Trans-Tasman Proceedings Act 2010 provides”.
In Schedule 1, form G 23, paragraph 2, statement A and statement B, replace “section 56 of the Judicature Act 1908” with “section 84 of the Trans-Tasman Proceedings Act 2010” in each place.
Insert the following Schedule 1AA as the first schedule to appear after the last rule of the principal rules: Schedule 1AA Transitional, savings, and related provisions r 1.4A Part 1 Provisions relating to Part 1 of the Judicature Modernisation Act 2013 as enacted 1 References to enactments not yet in force (1) A reference in these rules to an enactment not yet in force (enactment A) is, until enactment A comes into force, a reference to the provision that (with or without modification) enactment A will replace or that corresponds to enact- ment A.
5 10 15 20 (2) (3) 2 (1) To avoid doubt, subclause (1) does not affect the application of section 22 of the Interpretation Act 1999 (references to repealed enactments).

25 In this clause, enactment means the whole or a part of Part 1, Part 2, Part 3, Part 4, or Part 5 of the Judicature Modernisation Act 2013 or any other Act, regulations, or rules.
Other transitional provisions applying 30 Part 2 of Schedule 4 of the Judicature Modernisation Act 2013 con- tains further provisions about how proceedings that are begun before Part 1 of the Judicature Modernisation Act 2013 comes into force are to be dealt with, including— (a) the High Court Rules under which those proceedings are to be con- tinued, completed, and enforced: 35 85 Schedule 1A Senior Courts Bill High Court Rules 2016—continued (b) (c) the application of Part 2 of the former High Court Rules (which relates to the Commercial List): the continued effect of certain transitional provisions in the former High Court Rules.
(2) In this clause, former High Court Rules means the High Court Rules as in force immediately before the commencement of this clause.
5 86 Senior Courts Bill Schedule 2 Schedule 2 Categories of information for purposes of sections 171 and 171A ss 171, 171A Court record information Part A Description of court record information 5 Item Category 1 Formal court record 2 3 4 Court file Information relating to particular cases Electronic records of hearings Item Category Permitted information Description Any of the following kept in the registry of the court that relate to a criminal, civil, or family proceeding: (a) (b) (c) a register or index: any published list that gives notice of a hearing: a document that— (i) may be accessed under an enactment other than this Act; or (ii) a judgment, order, or minute of the court, including any record of the reasons given by a Judge or other judicial officer: the rolls of barristers and solicitors kept under section 56 of the Lawyers and Conveyancers Act 2006 or any former corresponding enactment constitutes notice of its content to the public: (d) (e) The permanent court record, as prescribed by rule 7.2 of the Criminal Procedure Rules 2012 (as from time to time amended or replaced) A collection of documents in the custody and control of the court that relate to criminal, civil, or family proceeding, or civil proceedings (including family proceedings) for example, applications, submissions, and supporting affidavits, but excluding notes made by or for a judicial officer for his or her personal use Information held by the Ministry of Justice in hard copy form, or on the Ministry’s data sets or databases, for the purpose of assisting with the management of court proceedings Part B Permitted information Description (1) (2) The permanent court record, as prescribed by rule 7.2 of the Criminal Procedure Rules 2012 (as from time to time amended or replaced) Information that any of the following orders have been made in respect of a person: (a) any protection order under the Domestic Violence Act 1995 or the Sentencing Act 2002: any restraining order under the Harassment Act 1995: any extended supervision order
 under the Parole Act 2002: any non-contact order under the Victims’ Orders Against Violent Offenders Act 2014: any public protection order under the Public Safety (Public Protection Orders) Act 2014 (b) (c) (d) (e) (3) Information that any probation report exists in respect of a person 87 Schedule 2 Senior Courts Bill Ministry of Justice information Description Includes information on the relative costs of proceedings, use of courtrooms, and deployment of court staff Case-level information, where all personal identification details are removed to ensure that the identity of any individual cannot be derived from the published information or data Includes information relating to judicial travel Includes information about court buildings, resources, support systems, and other operational matters Data that is extracted from case- level transactions, where all personal identification details are removed and outputs are checked to ensure that the identity of any individual cannot be derived from the published data Category Separate or collated administrative information and statistics taken primarily from case management systems to enable the ministry to efficiently budget, plan, and administer the court system Case-level information held in ISIS (the justice sector data warehouse) that is combined with Police, Corrections, and other government agency data to support policy formation, statistics, and research for the justice sector Information relating to court staff personnel matters Aggregate information about judicial expenditure Information on operational matters Information held by or on behalf of the Rules Committee Statistics (counts, averages, trends, etc) and performance measures (to assess achievement against operating targets, etc) about court processes and case outcomes Correspondence and other information relating to liaison between the judiciary and the Ministry of Justice about the management and administration of judicial matters Minutes of joint committee
 meetings of the judiciary at which representatives of the Ministry of Justice are present Judicial information Category Information about individual judicial expenditure Judicial communications not relating to particular cases Information about a Judge that relates to the Judge’s performance of his or her role and function as a Judge Internal communications, via email or in hard copy, between Judges and between Judges and administrative personnel about judicial administrative and management matters Minutes of committee meetings of the judiciary that relate to the management and administration of judicial affairs (but not including the Rules Committee) Item Item 88 Senior Courts Bill Schedule 2 Item 6 7 8 Category Judicial personnel matters, such as salary, leave, and sabbatical records, that have not been anonymised, including allocations of technology, personal expenses records, judicial training programmes, and attendance at overseas conferences Separate or collated information relating to the rostering of Judges, judicial activity information, and judicial activity statistics that identify particular Judges Judicial communications, including Judges’ papers or notes relating to particular cases 89 Schedule 3 Senior Courts Bill Schedule 3 Consequential amendments relating to Senior Courts s 180(b) Part 1 Amendments to Acts Administration Act 1969 (1969 No 52) In section 59, replace “section 51C of the Judicature Act 1908” with “section 145 of the Judicature Modernisation Act 2013”.
Admiralty Act 1973 (1973 No 119) In section 11(1), replace “Judicature Act 1908” with “Part 1 of the Judicature Modernisation Act 2013”.

In section 13(2), replace “Judicature Act 1908” with “Part 1 of the Judicature Modernisation Act 2013”.

5 10 Adoption Act 1955 (1955 No 93) In section 28A(a), replace “section 51C of the Judicature Act 1908” with “section 145 of the Judicature Modernisation Act 2013”.
15 Animal Products Act 1999 (1999 No 93) In section 155(3), replace “section 14 of the Supreme Court Act 2003” with “section 75 of the Judicature Modernisation Act 2013”.

Animal Welfare Act 1999 (1999 No 142) 20 In section 156G(3), replace “section 14 of the Supreme Court Act 2003” with “sec- tion 75 of the Judicature Modernisation Act 2013”.

Arbitration Act 1996 (1996 No 99) In section 16(a), replace “section 51C of the Judicature Act 1908” with “section 145 of the Judicature Modernisation Act 2013”.
25 Biosecurity Act 1993 (1993 No 95) In section 154F(3), replace “section 14 of the Supreme Court Act 2003” with “sec- tion 75 of the Judicature Modernisation Act 2013”.

Canterbury Earthquake Recovery Act 2011 (2011 No 12) In section 70(4), replace “Supreme Court Act 2003” with “Part 1 of the Judica- ture Modernisation Act 2013”.
30 90 Senior Courts Bill Schedule 3 Care of Children Act 2004 (2004 No 90) In section 135B(2), replace “section 100A of the Judicature Act 1908” with “section 153 of the Judicature Modernisation Act 2013”.

In section 141(3), replace “section 88B of the Judicature Act 1908” with “sections 162 to 165 of the Judicature Modernisation Act 2013”.

In section 146(1), replace “Judicature Act 1908” with “Part 1 of the Judicature Modernisation Act 2013”.
In section 147(1), replace “section 100A of the Judicature Act 1908” with “section 153 of the Judicature Modernisation Act 2013”.

Child Support Act 1991 (1991 No 142) In section 226D(2), replace “section 100A of the Judicature Act 1908” with “section 153 of the Judicature Modernisation Act 2013”.

5 10 Children, Young Persons, and Their Families Act 1989 (1989 No 24) In section 448(2)(a), replace “section 51C of the Judicature Act 1908” with “section 145 of the Judicature Modernisation Act 2013”.
15 Citizens Initiated Referenda Act 1993 (1993 No 101) In section 58A, replace “Judicature Act 1908” with “Part 1 of the Judicature Modernisation Act 2013”.

Civil List Act 1979 (1979 No 33) In section 27(7), replace “Judicature Act 1908” with “Part 1 of the Judicature Modernisation Act 2013”.

20 Commerce Act 1986 (1986 No 5) In section 97(1), replace “section 66 of the Judicature Act 1908” with “section 57 of the Judicature Modernisation Act 2013”.
Commissions of Inquiry Act 1908 (1908 No 25) In section 13(1), replace “Judicature Act 1908” with “Part 1 of the Judicature Modernisation Act 2013”.

In section 13(3), replace “section 56A(1) of the Judicature Act 1908” with “section 40 of the Judicature Modernisation Act 2013”.

In section 13(3), replace “section 56B of the Judicature Act 1908” with “section 41 of the Judicature Modernisation Act 2013”.
In section 13(4), replace “section 56A(1) of the Judicature Act 1908” with “section 40 of the Judicature Modernisation Act 2013”.

In section 13(4), replace “section 56B of the Judicature Act 1908” with “section 41 of the Judicature Modernisation Act 2013”.

25 30 35 91 Schedule 3 Senior Courts Bill Commissions of Inquiry Act 1908 (1908 No 25)—continued In section 13A(1)(a), replace “section 56A(1) of the Judicature Act 1908” with “sec- tion 40 of the Judicature Modernisation Act 2013”.
In section 13A(1)(b), replace “section 56B of the Judicature Act 1908” with “sec- tion 41 of the Judicature Modernisation Act 2013”.

In section 13A(2)(a), replace “section 56A(1) of the Judicature Act 1908” with “sec- tion 40 of the Judicature Modernisation Act 2013”.

In section 13A(2)(b), replace “section 56B of the Judicature Act 1908” with “sec- tion 41 of the Judicature Modernisation Act 2013”.
In section 13B, replace “section 56C of the Judicature Act 1908” with “section 161 of the Judicature Modernisation Act 2013” in each place.

In section 13C, replace “section 56A(1) of the Judicature Act 1908” with “section 40 of the Judicature Modernisation Act 2013”.

In section 13C, replace “section 56B of the Judicature Act 1908” with “section 41 of the Judicature Modernisation Act 2013”.
In section 13D, replace “section 56A(1) of the Judicature Act 1908” with “section 40 of the Judicature Modernisation Act 2013”.

In section 13D, replace “section 56B of the Judicature Act 1908” with “section 41 of the Judicature Modernisation Act 2013”.

In section 14, replace “section 51C of the Judicature Act 1908” with “section 145 of the Judicature Modernisation Act 2013”.
Construction Contracts Act 2002 (2002 No 46) In section 81(2)(b), replace “section 51B of the Judicature Act 1908” with “section 152 of the Judicature Modernisation Act 2013”.

Cook Islands Act 1915 (1915 No 40) In section 175, replace “Sections 47 to 49 of the Judicature Act 1908” with “Sec- tions 28 to 30 of the Judicature Modernisation Act 2013”.
In section 175, replace “within the meaning of section 47 aforesaid, and Commission- ers in the Cook Islands may be appointed by a Judge of the High Court” with “of New Zealand, and Commissioners in the Cook Islands may be appointed by a Judge of the High Court of New Zealand”.

Coroners Act 2006 (2006 No 38) In section 34(5), replace “section 2 of the Judicature Act 1908” with “section 4(1) of the Judicature Modernisation Act 2013”.
In section 34(5), delete “(as defined in section 2 of the Judicature Act 1908)”.

5 10 15 20 25 30 92 Senior Courts Bill Schedule 3 Court Martial Appeals Act 1953 (1953 No 100) In section 2(1), definition of Court of Appeal, replace “Part 2 of the Judicature Act 1908” with “Part 3 of Part 1 of the Judicature Modernisation Act 2013”.

In section 4(6), replace “superior” with “senior”.


In section 10(2), replace “section 14 of the Supreme Court Act 2003” with “section 75 of the Judicature Modernisation Act 2013”.

In section 26(1), replace “Judicature Act 1908” with “Part 1 of the Judicature Modernisation Act 2013”.

Courts (Remote Participation) Act 2010 (2010 No 94) In section 3, definition of Court of Appeal, replace “Part 2 of the Judicature Act 1908” with “Part 3 of Part 1 of the Judicature Modernisation Act 2013”.
In section 3, definition of Supreme Court, replace “section 4 of the Supreme Court Act 2003” with “section 65 of the Judicature Modernisation Act 2013”.

Crimes Act 1961 (1961 No 43) In section 2(1), definition of Supreme Court, replace “section 6 of the Supreme Court Act 2003” with “section 66 of the Judicature Modernisation Act 2013”.

In section 406A(4), replace “section 14 of the Supreme Court Act 2003” with “sec- tion 75 of the Judicature Modernisation Act 2013”.
Criminal Procedure Act 2011 (2011 No 81) In section 5, definition of rules of court, replace “section 51C of the Judicature Act 1908” with “section 145 of the Judicature Modernisation Act 2013”.

Replace section 213(1) with: (1) All rights of appeal to the Supreme Court under this Part are subject to Part 4 of Part 1 of the Judicature Modernisation Act 2013.

See, especially, sections 73 to 75 of that Act.


In section 314(5), replace “section 99A of the Judicature Act 1908” with “section 174 of the Judicature Modernisation Act 2013”.

In section 316(6), replace “section 99A of the Judicature Act 1908” with “section 174 of the Judicature Modernisation Act 2013”.

In section 318(4), replace “section 99A of the Judicature Act 1908” with “section 174 of the Judicature Modernisation Act 2013”.
In section 325(3), replace “section 15(2) of the Supreme Court Act 2003” with “sec- tion 76 of the Judicature Modernisation Act 2013”.

In section 333(1), after “Court of Appeal”, insert “(of whom at least 1 must hold office under section 43 of the Judicature Modernisation Act 2013)”.
93 Schedule 3 Senior Courts Bill Criminal Procedure Act 2011 (2011 No 81)—continued In section 333(2) and (4), after “Court of Appeal”, insert “(whether holding office under section 43 or 46 of the Judicature Modernisation Act 2013)” in each place.

In section 386(1), replace “section 51C of the Judicature Act 1908” with “section 145 of the Judicature Modernisation Act 2013”.
5 Criminal Proceeds (Recovery) Act 2009 (2009 No 8) Repeal sections 206 and 207 and the cross-heading above section 206.

Criminal Records (Clean Slate) Act 2004 (2004 No 36) In section 22(1) and (2), replace “section 51B of the Judicature Act 1908” with “sec- tion 152 of the Judicature Modernisation Act 2013”.

In section 22(2), replace “Judicature Act 1908” with “Part 1 of the Judicature Modernisation Act 2013”.
In section 22(3), replace “Judicature Act 1908” with “Part 1 of the Judicature Modernisation Act 2013”.

Crown Proceedings Act 1950 (1950 No 54) In section 22(1), replace “each district constituted under the Judicature Act 1908” with “a district”.

In section 29(2), replace “Section 55 of the Judicature Act 1908” with “Section 38 of the Judicature Modernisation Act 2013”.

In Schedule 1, replace the item relating to the Judicature Act 1908 with: Part 1 of the Judicature Modernisation Act 2013 (2013 No 00).
Customs and Excise Act 1996 (1996 No 27) In section 110(4), replace “section 55 of the Judicature Act 1908” with “section 38 of the Judicature Modernisation Act 2013”.

Declaratory Judgments Act 1908 (1908 No 220) In section 6, replace “Judicature Act 1908” with “Part 1 of the Judicature Mod- ernisation Act 2013”.
Replace section 7 with: 7 Removal of summons into Court of Appeal An originating summons under section 3 may be removed into the Court of Appeal in the same manner as the matters specified in section 60 of the Ju- dicature Modernisation Act 2013 are removable, and section 60 of that Act applies to any originating summons removed into the court.
10 15 20 25 30 94 Senior Courts Bill Schedule 3 Domestic Actions Act 1975 (1975 No 53) In section 9A(a), replace “section 51C of the Judicature Act 1908” with “section 145 of the Judicature Modernisation Act 2013”.

Electoral Act 1993 (1993 No 87) In section 234(1), replace “Judicature Act 1908” with “Part 1 of the Judicature Modernisation Act 2013”.
5 Electricity Industry Act 2010 (2010 No 116) In section 71(2), replace “Section 66 of the Judicature Act 1908” with “Section 57 of the Judicature Modernisation Act 2013”.

Electronic Transactions Act 2002 (2002 No 35) In the Schedule, Part 4, paragraph (1), replace “Judicature Act 1908” with “Part 1 of the Judicature Modernisation Act 2013”.
Employment Relations Act 2000 (2000 No 24) In section 214(1), replace “section 66 of the Judicature Act 1908” with “section 57 of the Judicature Modernisation Act 2013”.

In section 214A(4), replace “section 14 of the Supreme Court Act 2003” with “sec- tion 75 of the Judicature Modernisation Act 2013”.

In section 218, replace “section 66 of the Judicature Act 1908” with “section 57 of the Judicature Modernisation Act 2013”.
Employment Relations Amendment Act 2016 (2016 No 9) In new section 214AA(3), replace “Section 66 of the Judicature Act 1908” with “sec- tion 57 of the Judicature Modernisation Act 2013”.

10 15 20 Environment Canterbury (Transitional Governance Arrangements) Act 2016 (2016 No 20) In section 27, replace “Section 66 of the Judicature Act 1908” with “section 57 of the Judicature Modernisation Act 2013”.
25 Evidence Act 2006 (2006 No 69) In section 199(1), replace “section 51C of the Judicature Act 1908” with “section 145 of the Judicature Modernisation Act 2013”.

In section 200(1), replace “Judicature Act 1908” with “Part 1 of the Judicature Modernisation Act 2013”.

In section 202(3)(a), replace “superior” with “senior”.

30 Extradition Act 1999 (1999 No 55) In section 103, replace “Judicature Act 1908” with “Part 1 of the Judicature Modernisation Act 2013”.
35 95 Schedule 3 Senior Courts Bill Family Proceedings Act 1980 (1980 No 94) In section 162D(2), replace “section 100A of the Judicature Act 1908” with “section 153 of the Judicature Modernisation Act 2013”.

Family Protection Act 1955 (1955 No 88) In section 15(3), replace “Judicature Act 1908” with “Part 1 of the Judicature Modernisation Act 2013”.

5 Food Act 2014 (2014 No 32) In section 340(3), replace “section 14 of the Supreme Court Act 2003” with “section 75 of the Judicature Modernisation Act 2013”.
In section 365(3), replace “section 14 of the Supreme Court Act 2003” with “section 75 of the Judicature Modernisation Act 2013”.

Gas Act 1992 (1992 No 124) In section 43ZJ(2), replace “Section 66 of the Judicature Act 1908” with “Section 57 of the Judicature Modernisation Act 2013”.

Goods and Services Tax Act 1985 (1985 No 141) In section 78(4), replace “section 94A(1) of the Judicature Act 1908” with “section 74A(1) of the Property Law Act 2007”.
In section 78(4), replace “section 94A(2) of the Judicature Act 1908” with “section 74A(2) of the Property Law Act 2007”.

Government Superannuation Fund Act 1956 (1956 No 47) In section 72, definition of Judge, paragraph (a), replace “section 4 of the Judicature Act 1908” with “section 100 of the Judicature Modernisation Act 2013”.

In section 72, definition of temporary Judge, paragraph (a), replace “section 11 of the Judicature Act 1908” with “section 112 of the Judicature Modernisation Act 2013”.
In section 81A, definition of Judge, paragraph (a), replace “section 4 of the Judica- ture Act 1908” with “section 100 of the Judicature Modernisation Act 2013”.

In section 81A, definition of temporary Judge, paragraph (a), replace “section 11 of the Judicature Act 1908” with “section 112 of the Judicature Modernisation Act 2013”.

In section 81X, definition of Associate Judge, replace “section 26C of the Judicature Act 1908” with “section 100 of the Judicature Modernisation Act 2013”.
10 15 20 25 30 Governor-General Act 2010 (2010 No 122) In section 17(3), replace “Judicature Act 1908” with “Part 1 of the Judicature Modernisation Act 2013”.

35 96 Senior Courts Bill Schedule 3 Greater Christchurch Regeneration Act 2016 (2016 No 14) In section 120(3), replace “Supreme Court Act 2003” with “Part 1 of the Judica- ture Modernisation Act 2013”.
Habeas Corpus Act 2001 (2001 No 31) In section 3, definition of High Court Rules, replace “Judicature Act 1908” with “Part 1 of the Judicature Modernisation Act 2013”.

In section 7(7), replace “Section 51E of the Judicature Act 1908” with “Section 150 of the Judicature Modernisation Act 2013”.

In section 15(1), replace “sections 7 to 10 of the Supreme Court Act 2003” with “sections 68 to 71 of the Judicature Modernisation Act 2013”.
In section 16(1), replace “Judicature Act 1908” with “Part 1 of the Judicature Modernisation Act 2013”.

In section 20(1) and (2), replace “section 51C of the Judicature Act 1908” with “sec- tion 145 of the Judicature Modernisation Act 2013”.

Harmful Digital Communications Act 2015 (2015 No 63) In section 27(1), replace “section 51C of the Judicature Act 1908” with “section 145 of the Judicature Modernisation Act 2013”.
Immigration Act 2009 (2009 No 51) In section 246(1), replace “Section 66 of the Judicature Act 1908” with “Section 57 of the Judicature Modernisation Act 2013”.

In section 249B(2), replace “Section 66 of the Judicature Act 1908” with “Section 57 of the Judicature Modernisation Act 2013”.

Replace section 251 with: 5 10 15 20 251 Relationship with Part 1 of Judicature Modernisation Act 2013 Part 1 of the Judicature Modernisation Act 2013 is subject to sections 247, 248, 249, 250, and 262.
25 Insolvency Act 2006 (2006 No 55) In section 442(1), replace “Judicature Act 1908” with “Part 1 of the Judicature Modernisation Act 2013”.

Insolvency (Cross-border) Act 2006 (2006 No 57) 30 In section 9, replace “section 51C of the Judicature Act 1908” with “section 145 of the Judicature Modernisation Act 2013”.

Insurance (Prudential Supervision) Act 2010 (2010 No 111) In section 43(1), replace “section 66 of the Judicature Act 1908” with “section 57 of the Judicature Modernisation Act 2013”.
35 97 Schedule 3 Senior Courts Bill Insurance (Prudential Supervision) Act 2010 (2010 No 111)—continued In section 225(1), replace “section 66 of the Judicature Act 1908” with “section 57 of the Judicature Modernisation Act 2013”.
Judicial Conduct Commissioner and Judicial Conduct Panel Act 2004 (2004 No 38) In section 5, definition of Judge, replace paragraph (b) with: (b) includes a person who holds office as an acting Judge, or an acting Asso- ciate Judge; but In section 31(3)(b), replace “section 51C of the Judicature Act 1908” with “section 145 of the Judicature Modernisation Act 2013”.

Juries Act 1981 (1981 No 23) Repeal section 34.


Land Transfer Act 1952 (1952 No 52) In section 224, replace “Judicature Amendment Act 1930” with “Part 1 of the Judi- cature Modernisation Act 2013”.

Land Valuation Proceedings Act 1948 (1948 No 50) In section 18A(1), replace “section 66 of the Judicature Act 1908” with “section 57 of the Judicature Modernisation Act 2013”.
Law Reform Act 1936 (1936 No 31) In section 17(5), replace “Section 94 of the Judicature Act 1908” with “Section 281 of the Judicature Modernisation Act 2013”.

In section 94(5), replace “Section 94 of the Judicature Act 1908” with “Section 281 of the Judicature Modernisation Act 2013”.

Lawyers and Conveyancers Act 2006 (2006 No 1) In section 49(3)(a), replace “the superior” with “a senior”.

In section 53(1)(a), replace “the superior” with “a senior”.
In section 53(1), replace “that superior” with “that senior” in each place.

In section 54(1), replace “Judicature Act 1908” with “Part 1 of the Judicature Modernisation Act 2013”.

In section 254(1), replace “section 66 of the Judicature Act 1908” with “section 57 of the Judicature Modernisation Act 2013”.

In section 276(a), replace “the superior” with “a senior”.

Legislation Act 2012 (2012 No 119) In the Schedule, repeal the item relating to the Judicature Act 1908.
98 Senior Courts Bill Schedule 3 Limitation Act 2010 (2010 No 110) In section 13, replace “section 16A of the Judicature Act 1908” with “section 12 of the Judicature Modernisation Act 2013”.

Local Government Official Information and Meetings Act 1987 (1987 No 174) In section 35, replace “section 66 of the Judicature Act 1908” with “section 57 of the Judicature Modernisation Act 2013”.
5 Local Government (Rating) Act 2002 (2002 No 6) In section 67(2)(b), replace “section 100A of the Judicature Act 1908” with “section 153 of the Judicature Modernisation Act 2013”.

In section 70(2), replace “section 100A of the Judicature Act 1908” with “section 153 of the Judicature Modernisation Act 2013”.

Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3) In section 9(1), definition of High Court Rules, replace “the Judicature Act 1908” with “Part 1 of the Judicature Modernisation Act 2013”.
In section 108, replace “section 51C of the Judicature Act 1908” with “section 145 of the Judicature Modernisation Act 2013”.

Members of Parliament (Remuneration and Services) Act 2013 (2013 No 93) In section 46(7), replace “Judicature Act 1908” with “Part 1 of the Judicature Modernisation Act 2013”.

Non-bank Deposit Takers Act 2013 (2013 No 104) In section 63(1), replace “section 66 of the Judicature Act 1908” with “section 57 of the Judicature Modernisation Act 2013”.
Niue Act 1966 (1966 No 38) In section 128, replace “Sections 47 to 49 of the Judicature Act 1908” with “Sec- tions 28 to 30 of the Judicature Modernisation Act 2013”.

In section 128, replace “section 47” with “section 28”.

Official Information Act 1982 (1982 No 156) In section 2(1), definition of official information, paragraph (c), replace “section 51B of the Judicature Act 1908” with “section 152 of the Judicature Moderni- sation Act 2013”.
In section 32C, replace “section 66 of the Judicature Act 1908” with “section 57 of the Judicature Modernisation Act 2013”.

10 15 20 25 30 Patents Act 2013 (2013 No 68) In section 215(3), replace “sections 7 and 8 of the Supreme Court Act 2003” with “sections 68 and 69 of the Judicature Modernisation Act 2013”.

35 99 Schedule 3 Senior Courts Bill PGG Trust Limited Act 1989 (1989 No 1 (P)) In section 17, replace “Judicature Act 1908” with “Part 1 of the Judicature Mod- ernisation Act 2013”.
Property (Relationships) Act 1976 (1976 No 166) In section 39B(1), replace “Judicature Act 1908” with “Part 1 of the Judicature Modernisation Act 2013”.

In section 53(1) and (4), replace “Judicature Act 1908” with “Part 1 of the Judica- ture Modernisation Act 2013”.

In section 53(2), replace “section 100A of the Judicature Act 1908” with “section 153 of the Judicature Modernisation Act 2013”.
Protection of Personal and Property Rights Act 1988 (1988 No 4) In section 111(a), replace “section 51C of the Judicature Act 1908” with “section 145 of the Judicature Modernisation Act 2013”.

In section 114, replace “section 17 of the Judicature Act 1908” with “section 13 of the Judicature Modernisation Act 2013”.

5 10 15 Reciprocal Enforcement of Judgments Act 1934 (1934 No 11) In section 2(1), definition of judgments given in the superior courts of New Zea- land, replace “superior” with “senior”.
In section 3(1A), (1B), (1C), (2), (2A), and (3), replace “superior” with “senior” in each place.

20 In section 3B(1), replace “superior” with “senior” in each place.

In section 10(1), replace “superior” with “senior” in each place.
Replace section 13 with: 13 Section 170 of Judicature Modernisation Act 2013 modified Section 170 of the Judicature Modernisation Act 2013 applies only in respect of any judgments, decrees, rules, and orders that, being enforceable under that section, are not enforceable in New Zealand in accordance with this Act.

25 Referenda (Postal Voting) Act 2000 (2000 No 48) In section 80(2), replace “Judicature Act 1908” with “Part 1 of the Judicature Modernisation Act 2013”.
30 Resource Management Act 1991 (1991 No 69) In section 149V(6), replace “sections 12 to 15 of the Supreme Court Act 2003” with “sections 73 to 76 of the Judicature Modernisation Act 2013”.

In section 149V(7), replace “section 14 of the Supreme Court Act 2003” with “sec- tion 75 of the Judicature Modernisation Act 2013”.
35 100 Senior Courts Bill Schedule 3 Road User Charges Act 2012 (2012 No 1) In section 71(3), replace “section 14 of the Supreme Court Act 2003” with “section 75 of the Judicature Modernisation Act 2013”.

Rugby World Cup 2011 (Empowering) Act 2010 (2010 No 123) In Schedule 2, clause 9(2), replace “sections 12 to 14 of the Supreme Court Act 2003” with “sections 73 to 75 of the Judicature Modernisation Act 2013”.
In Schedule 2, clause 9(3), replace “section 14 of the Supreme Court Act 2003” with “section 75 of the Judicature Modernisation Act 2013”.

5 Social Security Act 1964 (1964 No 136) In section 12S(1), replace “Supreme Court Act 2003” with “Part 1 of the Judica- ture Modernisation Act 2013”.

10 Te Ture Whenua Maori Act 1993 (1993 No 4) In section 58B(3), replace “section 14 of the Supreme Court Act 2003” with “sec- tion 75 of the Judicature Modernisation Act 2013”.
Terrorism Suppression Act 2002 (2002 No 34) 15 In section 58(3), replace “Supreme Court Act 2003” with “Part 1 of the Judica- ture Modernisation Act 2013”.

Trustee Act 1956 (1956 No 61) In section 72(4), replace “Judicature Act 1908” with “Part 1 of the Judicature Modernisation Act 2013”.

20 United Nations Convention on the Law of the Sea Act 1996 (1996 No 69) In section 16, replace “section 51C of the Judicature Act 1908” with “section 145 of the Judicature Modernisation Act 2013”.
Weathertight Homes Resolution Services Act 2006 (2006 No 84) In section 125(2)(b), replace “section 51B of the Judicature Act 1908” with “section 152 of the Judicature Modernisation Act 2013”.

25 Part 2 Amendments to other enactments Companies Act 1955 Liquidation Regulations 1994 (SR 1994/129) In regulation 2, definition of High Court Rules, replace “Schedule 2 of the Judica- ture Act 1908” with “Schedule 1 of the Judicature Modernisation Act 2013”.
30 101 Schedule 3 Senior Courts Bill Companies Act 1993 Liquidation Regulations 1994 (SR 1994/130) In regulation 2, definition of High Court Rules, replace “Schedule 2 of the Judica- ture Act 1908” with “Schedule 1 of the Judicature Modernisation Act 2013”.
Constituency Election Petition Rules 2008 (SR 2008/383) In rule 3, replace the definition of High Court Rules with: 5 High Court Rules means the High Court Rules in Schedule 1 of the Judi- cature Modernisation Act 2013 Criminal Proceedings (Enforcement of Fines) Rules 2011 (SR 2011/397) In regulation 3, definition of High Court Rules, replace “Schedule 2 of the Judica- ture Act 1908” with “Schedule 1 of the Judicature Modernisation Act 2013”.
10 Family Courts Rules 2002 (SR 2002/261) In regulation 8, definition of HCRs or High Court Rules, replace “Schedule 2 of the Judicature Act 1908” with “Schedule 1 of the Judicature Modernisation Act 2013”.

High Court Fees Regulations 2013 (SR 2013/226) 15 In regulation 4, definition of Act, replace “Judicature Act 1908” with “Part 1 of the Judicature Modernisation Act 2013”.

In regulation 4, definition of High Court Rules, replace “Schedule 2” with “Sched- ule 1”.
Lawyers and Conveyancers Act (Lawyers: Admission) Rules 2008 (SR 2008/195) 20 In regulation 4(1), definition of High Court Rules, replace “Schedule 2 of the Judi- cature Act 1908” with “Schedule 1 of the Judicature Modernisation Act 2013”.

Court of Appeal (Civil) Rules 2005 (SR 2005/69) In rule 26B(2)(b), replace “section 100B of the Judicature Act 1908” with “section 157 of the Judicature Modernisation Act 2013”.
In rule 26B(4), replace “section 100B of the Judicature Act 1908” with “section 157 of the Judicature Modernisation Act 2013”.

In rule 31(5), replace “section 64 of the Judicature Act 1908” with “section 60 of the Judicature Modernisation Act 2013”.
25 30 Court of Appeal Fees Regulations 2001 (SR 2001/309) In regulation 3, replace the definition of Act with: Act means Part 1 of the Judicature Modernisation Act 2013 102 Senior Courts Bill Schedule 3 Criminal Procedure Rules 2012 (SR 2012/415) In rule 2.8(6)(b), replace “sections 27 to 29 of the Judicature Act 1908” with “sec- tions 31 to 33 of the Judicature Modernisation Act 2013”.
Health (Retention of Health Information) Regulations 1996 (SR 1996/343) In regulation 8(2)(b), replace “Judicature Act 1908” with “Companies Act 1993”.

5 High Court Fees Regulations 2013 (SR 2013/226) In regulation 4, definition of Act, replace “Judicature Act 1908” with “Part 1 of the Judicature Modernisation Act 2013”.

In the Schedule, item 34, replace “section 55 of the Judicature Act 1908” with “sec- tion 38 of the Judicature Modernisation Act 2013”.
Judicial Superannuation Determination 2006 (SR 2006/37) Replace clause 5(1)(a) with: (a) for Judges of the High Court and Associate Judges of the High Court, is 37.5% of his or her salary: Maori Land Court Rules 2011 (SR 2011/374) In rule 6.19(1)(a), replace “superior” with “senior”.

In the Schedule, Form 7, replace “superior” with “senior”.

In the Schedule, Form 8, replace “superior” with “senior”.
10 15 103 Schedule 3A Senior Courts Bill Schedule 3A Consequential amendments relating to new publishing requirements for High Court Rules, etc Part 1 Amendments to Acts s 180(c) 5 Accident Compensation Act 2001 (2001 No 49) In section 162(5), replace “High Court Rules” with “High Court Rules 2016”.

Admiralty Act 1973 (1973 No 119) In section 13(1A), replace “High Court Rules” with “High Court Rules 2016”.
10 Agricultural Compounds and Veterinary Medicines Act 1997 (1997 No 87) In section 46(2), replace “High Court Rules” with “High Court Rules 2016”.

Animal Products Act 1999 (1999 No 93) In section 154(2), replace “High Court Rules” with “High Court Rules 2016”.

Animal Welfare Act 1999 (1999 No 142) In section 153(2), replace “High Court Rules” with “High Court Rules 2016”.

In section 156G(2), replace “High Court Rules” with “High Court Rules 2016”.
Biosecurity Act 1993 (1993 No 95) In section 154F(2), replace “High Court Rules” with “High Court Rules 2016”.

Care of Children Act 2004 (2004 No 90) In section 88(b), replace “High Court Rules” with “High Court Rules 2016”.

In section 143(4), replace “High Court Rules” with “High Court Rules 2016”.

Child Support Act 1991 (1991 No 142) In section 120(1A), replace “High Court Rules” with “High Court Rules 2016”.

In section 120(3A), replace “High Court Rules” with “High Court Rules 2016”.
Children, Young Persons, and Their Families Act 1989 (1989 No 24) In section 346(1), replace “High Court Rules” with “High Court Rules 2016”.

Civil Aviation Act 1990 (1990 No 98) In section 69(2), replace “High Court Rules” with “High Court Rules 2016”.

15 20 25 104 Senior Courts Bill Schedule 3A Companies Act 1993 (1993 No 105) In section 239AES(2)(c), replace “High Court Rules” with “High Court Rules 2016”.

In section 239AES(3), replace “High Court Rules” with “High Court Rules 2016”.
In section 271A(3)(c), replace “High Court Rules” with “High Court Rules 2016”.

In section 271A(4), replace “High Court Rules” with “High Court Rules 2016”.

5 Coroners Act 2006 (2006 No 38) In section 34(5), replace “High Court Rules” with “High Court Rules 2016”.

In section 35(5), replace “High Court Rules” with “High Court Rules 2016”.

Domestic Violence Act 1995 (1995 No 86) In section 91(2), replace “High Court Rules” with “High Court Rules 2016”.
10 Electricity Act 1992 (1992 No 122) In section 14(1A), replace “High Court Rules” with “High Court Rules 2016”.

Employment Relations Act 2000 (2000 No 24) In section 160(4), replace “High Court Rules” with “High Court Rules 2016”.

In section 173(4), replace “High Court Rules” with “High Court Rules 2016”.

In section 190(3), replace “High Court Rules” with “High Court Rules 2016”.
Environment Canterbury (Temporary Commissioners and Improved Water Management) Act 2010 (2010 No 12) In section 54(2), replace “High Court Rules” with “High Court Rules 2016”.

Environment Canterbury (Transitional Governance Arrangements) Act 2016 (2016 No 20) In section 26(2), replace “High Court Rules” with “High Court Rules 2016”.

In Schedule 2, clause 5(2), replace “High Court Rules” with “High Court Rules 2016”.
Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 (2012 No 72) In the heading to section 112, replace “High Court Rules” with “High Court Rules 2016”.

In section 112, replace “High Court Rules” with “High Court Rules 2016”.

Family Proceedings Act 1980 (1980 No 94) In section 174(1B), replace “High Court Rules” with “High Court Rules 2016”.

Family Protection Act 1955 (1955 No 88) In section 15(1A), replace “High Court Rules” with “High Court Rules 2016”.
15 20 25 30 105 Schedule 3A Senior Courts Bill Food Act 2014 (2014 No 32) In section 339(3), replace “High Court Rules” with “High Court Rules 2016”.

In section 364(2), replace “High Court Rules” with “High Court Rules 2016”.

Gas Act 1992 (1992 No 124) In section 15(1A), replace “High Court Rules” with “High Court Rules 2016”.

5 Governor-General Act 2010 (2010 No 122) In section 17(2), replace “High Court Rules” with “High Court Rules 2016”.
Habeas Corpus Act 2001 (2001 No 31) In section 3, repeal the definition of High Court Rules.

In section 3, definition of working day, replace “High Court Rules” with “High Court Rules 2016”.

In section 7(1), replace “High Court Rules” with “High Court Rules 2016”.

In section 10(3), replace “High Court Rules” with “High Court Rules 2016”.

In section 21, replace “High Court Rules” with “High Court Rules 2016”.
Harassment Act 1997 (1997 No 92) In section 34(2), replace “High Court Rules” with “High Court Rules 2016”.

Hazardous Substances and New Organisms Act 1996 (1996 No 30) In section 126(2), replace “High Court Rules” with “High Court Rules 2016”.

In section 126(3), replace “High Court Rules” with “High Court Rules 2016”.

Inquiries Act 2013 (2013 No 60) In section 24(2), replace “High Court Rules” with “High Court Rules 2016”.
Insolvency Act 2006 (2006 No 55) In section 35(d), replace “High Court Rules” with “High Court Rules 2016”.

10 15 20 Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003 (2003 No 116) 25 In section 133(2), replace “High Court Rules” with “High Court Rules 2016”.

International Crimes and International Criminal Court Act 2000 (2000 No 26) In section 124(3)(b)(iii), replace “High Court Rules” with “High Court Rules 2016”.
In section 124(4)(b), replace “High Court Rules” with “High Court Rules 2016”.

Land Transport Management Act 2003 (2003 No 118) 30 In section 144(2), replace “High Court Rules” with “High Court Rules 2016”.

In section 145(3), replace “High Court Rules” with “High Court Rules 2016”.

106 Senior Courts Bill Schedule 3A Law Reform (Testamentary Promises) Act 1949 (1949 No 33) In section 5A(1A), replace “High Court Rules” with “High Court Rules 2016”.
Local Government (Rating) Act 2002 (2002 No 6) Replace section 66(1) with: (1) Despite rule 17.52 of the High Court Rules 2016, a charging order issued under rule 17.41 or 17.42 for a judgment of rates, and registered against a rat- ing unit under rule 17.48, continues in force until a memorandum of satisfac- tion is registered under rule 17.51.

Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3) In section 9(1), repeal the definition of High Court Rules.
In section 99(1)(b), replace “High Court Rules” with “High Court Rules 2016”.

In section 125(3)(b), replace “High Court Rules” with “High Court Rules 2016”.

Members of Parliament (Remuneration and Services) Act 2013 (2013 No 93) In section 46(6), replace “High Court Rules” with “High Court Rules 2016”.

Personal Property Securities Act 1999 (1999 No 126) In section 167A(1)(b)(iv), replace “High Court Rules” with “High Court Rules 2016”.
Property (Relationships) Act 1976 (1976 No 166) In section 39(3), replace “High Court Rules” with “High Court Rules 2016”.

In section 65(2)(c)(ii), replace “High Court Rules” with “High Court Rules 2016”.

Protection of Personal and Property Rights Act 1988 (1988 No 4) In section 83(3), replace “High Court Rules” with “High Court Rules 2016”.

In section 83A, replace “High Court Rules” with “High Court Rules 2016”.
5 10 15 20 Public Safety (Public Protection Orders) Act 2014 (2014 No 68) In section 105(2), replace “High Court Rules” with “High Court Rules 2016”.

25 Radiation Safety Act 2016 (2016 No 6) In section 52(2), replace “High Court Rules” with “High Court Rules 2016”.

Railways Act 2005 (2005 No 37) In section 71(2), replace “High Court Rules” with “High Court Rules 2016”.

In section 72(4), replace “High Court Rules” with “High Court Rules 2016”.
In section 90(2), replace “High Court Rules” with “High Court Rules 2016”.

30 107 Schedule 3A Senior Courts Bill Residential Tenancies Act 1986 (1986 No 120) In section 119(2), replace “High Court Rules” with “High Court Rules 2016”.

Resource Management Act 1991 (1991 No 69) In section 149V(3)(c), replace “High Court Rules” with “High Court Rules 2016”.

In section 299(2), replace “High Court Rules” with “High Court Rules 2016”.

In section 308I(2), replace “High Court Rules” with “High Court Rules 2016”.
Road User Charges Act 2012 (2012 No 1) In section 70(2), replace “High Court Rules” with “High Court Rules 2016”.

Sentencing Act 2002 (2002 No 9) In section 129E(6)(a), replace “High Court Rules” with “High Court Rules 2016”.

In section 129EA(6)(a), replace “High Court Rules” with “High Court Rules 2016”.

In section 139(2)(a), replace “High Court Rules” with “High Court Rules 2016”.
Submarine Cables and Pipelines Protection Act 1996 (1996 No 22) In section 26(3), replace “High Court Rules” with “High Court Rules 2016”.

In section 32(5), replace “High Court Rules” with “High Court Rules 2016”.

Summary Proceedings Act 1957 (1957 No 87) In section 88A(4)(b), replace “High Court Rules” with “High Court Rules 2016”.

Tax Administration Act 1994 (1994 No 166) In section 138B(1)(c), replace “High Court Rules” with “High Court Rules 2016”.
In section 138B(2)(c), replace “High Court Rules” with “High Court Rules 2016”.

In section 138B(3)(c), replace “High Court Rules” with “High Court Rules 2016”.

In section 138B(4)(d), replace “High Court Rules” with “High Court Rules 2016”.

In section 138C(b), replace “High Court Rules” with “High Court Rules 2016”.

5 10 15 20 Veterans’ Support Act 2014 (2014 No 56) In section 233(2), replace “High Court Rules” with “High Court Rules 2016”.
25 Part 2 Amendments to other enactments Companies Act 1955 Liquidation Regulations 1994 (SR 1994/129) In regulation 2, revoke the definition of High Court Rules.

In regulation 3(3), replace “High Court Rules” with “High Court Rules 2016”.

In regulation 15(2), replace “High Court Rules” with “High Court Rules 2016”.

30 108 Senior Courts Bill Schedule 3A Companies Act 1955 Liquidation Regulations 1994 (SR 1994/129)—continued In regulation 40(1), replace “High Court Rules” with “High Court Rules 2016”.
In regulation 40(2), replace “High Court Rules” with “High Court Rules 2016”.

Companies Act 1993 Liquidation Regulations 1994 (SR 1994/130) In regulation 2, revoke the definition of High Court Rules.

In regulation 3(3), replace “High Court Rules” with “High Court Rules 2016”.

In regulation 15(2), replace “High Court Rules” with “High Court Rules 2016”.

In regulation 40(1), replace “High Court Rules” with “High Court Rules 2016”.
In regulation 40(2), replace “High Court Rules” with “High Court Rules 2016”.

Constituency Election Petition Rules 2008 (SR 2008/383) In rule 3, replace the definition of High Court Rules with: High Court Rules means the High Court Rules 2016 Court Martial Appeal Court Rules 2008 (SR 2008/238) In rule 22(1), replace “High Court Rules” with “High Court Rules 2016”.
Court of Appeal (Access to Court Documents) Rules 2009 (SR 2009/401) In rule 3, definition of interlocutory application, replace “High Court Rules” with “High Court Rules 2016”.

In rule 3, definition of originating application, replace “High Court Rules” with “High Court Rules 2016”.
Court of Appeal (Civil) Rules 2005 (SR 2005/69) In rule 3(1), definition of working day, after paragraph (a), insert: (ab) if Anzac Day or Waitangi Day falls on a Saturday or a Sunday, the fol- lowing Monday; or In rule 11(2), replace “High Court Rules” with “High Court Rules 2016”.

In rule 11(3)(b), replace “High Court Rules” with “High Court Rules 2016”.

In rule 35(5), replace “High Court Rules” with “High Court Rules 2016”.
In rule 45(1)(c), replace “rules 369 to 376 of the High Court Rules” with “rules 9.17 to 9.25 of the High Court Rules 2016”.

In rule 53C(1)(a), replace “High Court Rules” with “High Court Rules 2016”.

In rule 53C(1)(b), replace “High Court Rules” with “High Court Rules 2016”.

In rule 53C(2), replace “High Court Rules” with “High Court Rules 2016” in each place.

In rule 53E(6), replace “Rules 54 to 59 of the High Court Rules” with “Rules 14.18 to 14.23 of the High Court Rules 2016”.
109 Schedule 3A Senior Courts Bill Court of Appeal (Civil) Rules 2005 (SR 2005/69)—continued In rule 53H(2)(a)(i), replace “rule 48H(1) of the High Court Rules” with “rule 14.12(1) of the High Court Rules 2016”.
Court of Appeal (Criminal) Rules 2001 (SR 2001/371) In rule 3(1), definition of working day, after paragraph (a), insert: (ab) if Anzac Day or Waitangi Day falls on a Saturday or a Sunday, the fol- lowing Monday; or 5 In rule 18(1), replace “High Court Rules” with “High Court Rules 2016”.

Court of Appeal (List Election Petitions) Rules 1998 (SR 1998/326) In the heading to rule 4, replace “High Court Rules” with “High Court Rules 2016”.
10 In rule 4(1), replace “High Court Rules” with “High Court Rules 2016”.

Criminal Procedure Rules 2012 (SR 2012/415) In rule 6.1, definition of interlocutory application, replace “High Court Rules” with “High Court Rules 2016”.

In rule 6.1, definition of originating application, replace “High Court Rules” with “High Court Rules 2016”.
Criminal Proceedings (Enforcement of Fines) Rules 2011 (SR 2011/397) In rule 3, replace “rules from time to time set out in Schedule 2 of the Judicature Act 1908 (as amended from time to time)” with “High Court Rules 2016”.

Criminal Proceeds (Recovery) Regulations 2009 (SR 2009/311) In the Schedule, form 2, replace “High Court Rules” with “High Court Rules 2016”.

In the Schedule, form 4, replace “High Court Rules” with “High Court Rules 2016”.
District Courts Rules 2014 (LI 2014/179) In rule 1.4(1), definition of HCF, replace “High Court Rules” with “High Court Rules 2016”.

In rule 1.4(1), definition of High Court Rules, replace “rules from time to time set out in Schedule 2 of the Judicature Act 1908 (as amended from time to time)” with “High Court Rules 2016”.

Employment Court Regulations 2000 (SR 2000/250) In regulation 6(2)(a)(ii), replace “High Court Rules” with “High Court Rules 2016”.
In regulation 9(1), replace “High Court Rules” with “High Court Rules 2016”.

In regulation 9(2), replace “High Court Rules” with “High Court Rules 2016”.

In regulation 10(1), replace “High Court Rules” with “High Court Rules 2016”.

15 20 25 30 110 Senior Courts Bill Schedule 3A Evidence (Trans-Tasman Service of, and Compliance with, New Zealand Subpoenas and Australian Subpoenas Issued in Criminal Proceedings) Rules 2013 (SR 2013/353) In rule 4(2), replace “High Court Rules” with “High Court Rules 2016”.
Family Courts Rules 2002 (SR 2002/261) In rule 8(1), definition of HCRs or High Court Rules, replace “rules from time to time set out in Schedule 2 of the Judicature Act 1908 (as amended from time to time)” with “High Court Rules 2016”.

High Court Fees Regulations 2013 (SR 2013/226) In regulation 4, definition of appeal, replace “High Court Rules” with “High Court Rules 2016”.

In regulation 4, definition of exempt application, paragraph (a), replace “High Court Rules” with “High Court Rules 2016”.
In regulation 4, definition of High Court Rules, replace “rules set out in Schedule 2 of the Act” with “High Court Rules 2016”.

5 10 15 High Court Rules 2016 (LI 2016 No 00) In rule 1.3, definition of these rules, after “High Court Rules”, insert “2016”.
In rule 3.2(1), after paragraph (g), insert: (ga) if Anzac Day or Waitangi Day falls on a Saturday or a Sunday, the fol- lowing Monday: 20 In rule 31.9(2), after paragraph (a), insert: (ab) if Anzac Day or Waitangi Day falls on a Saturday or a Sunday, the fol- lowing Monday; and In rule 31.22(1)(b), replace “rule 1.9 or rule 31.6(2)” with “rule 1.9, 31.6(2),”.
In Schedule 1, form C 15, note, definition of working day, after paragraph (a), insert: 25 (ab) if Anzac Day or Waitangi Day falls on a Saturday or a Sunday, the fol- lowing Monday; and In Schedule 1, form C 16, note, definition of working day, after paragraph (a), insert: (b) if Anzac Day or Waitangi Day falls on a Saturday or a Sunday, the fol- lowing Monday; and 30 Joint Family Homes Regulations 1965 (SR 1965/65) In regulation 20, replace “High Court Rules” with “High Court Rules 2016”.
Land Transfer Regulations 2002 (SR 2002/213) In Schedule 1, Part 1, item relating to discharge instrument, paragraph (c), replace “Rule 577, High Court Rules” with “Rule 17.51, High Court Rules 2016”.

35 111 Schedule 3A Senior Courts Bill Lawyers and Conveyancers Act (Lawyers: Admission) Rules 2008 (SR 2008/195) In rule 4(1), definition of High Court Rules, replace “High Court Rules set out in Schedule 2 of the Judicature Act 1908” with “High Court Rules 2016”.
In the Schedule, form LA 1, replace “High Court Rules” with “High Court Rules 2016”.

5 Proceeds of Crime Rules 1992 (SR 1992/166) In the Schedule, replace “High Court Rules” with “High Court Rules 2016”.

Property (Relationships) Forms Regulations 2001 (SR 2001/379) In Schedule 2, notes, replace “High Court Rules” with “High Court Rules 2016”.
Supreme Court Rules 2004 (SR 2004/199) 10 In rule 3, definition of working day, after paragraph (a), insert: (ab) if Anzac Day or Waitangi Day falls on a Saturday or a Sunday, the fol- lowing Monday; or In rule 40(1)(c), replace “High Court Rules” with “High Court Rules 2016”.

Trans-Tasman Proceedings Regulations and Rules 2013 (SR 2013/350) 15 In regulation 16(4)(a), replace “High Court Rules” with “High Court Rules 2016”.
112 Senior Courts Bill Schedule 4 Schedule 4 Transitional provisions relating to Senior Courts s 183 1 2 3 (1) Part 1 Continuation of certain provisions of Supreme Court Act 2003 5 Application Clauses 2 to 6 continue the application of certain provisions of the Supreme Court Act 2003 so far as they are applicable.
Imperial enactments ceasing to have effect in New Zealand On 1 January 2004, the following Imperial enactments ceased to have effect as part of the law of New Zealand: 10 (a) (b) the Imperial enactments listed in Part 1 of Schedule 4 of the Supreme Court Act 2003: the Imperial subordinate legislation listed in Part 2 of Schedule 4 of that Act.
15 Compare: 2003 No 53 s 49 Privy Council may still determine appeals in certain existing proceedings The Privy Council may hear and determine, or continue to hear and deter- mine,— (a) an appeal against a final judgment of the Court of Appeal made before 1 January 2004, or made after 31 December 2003 in a proceeding whose hearing was completed before 1 January 2004, where— (i) (ii) the matter in dispute on the appeal amounts to or is of the value of $5,000 or upwards; or the appeal involves, directly or indirectly, some claim or question to or respecting property or some civil right amounting to or of the value of $5,000 or upwards; or (b) an appeal arising out of a successful application to a New Zealand court (whether made before, on, or after 1 January 2004) for leave to appeal to the Privy Council against a decision of the Court of Appeal— (i) made before 1 January 2004; or (ii) made after 31 December 2003 in a proceeding whose hearing was completed before 1 January 2004; or (c) an appeal arising out of a successful application to the Privy Council (whether made before, on, or after 1 January 2004) for special leave to appeal to it against a decision of the Court of Appeal— 20 25 30 35 113 Schedule 4 Senior Courts Bill (i) made before 1 January 2004; or (ii) made after 31 December 2003 in a proceeding whose hearing was completed before 1 January 2004.
(2) Subclause (1) does not apply to an appeal if— (a) the Privy Council has not begun hearing the appeal; and (b) all parties agree in writing that an application should be made to the Su- preme Court for leave to appeal to the Supreme Court against the deci- sion concerned.
Compare: 2003 No 53 s 50 4 Limitation on right to appeal to Supreme Court in certain existing proceedings (1) This subclause applies to a decision if— 5 10 (a) (b) it was made by any New Zealand court before 1 January 2004; or it was made by the Court of Appeal after 31 December 2003 in a pro- ceeding whose hearing was completed before 1 January 2004.
15 (2) There is no right to appeal to the Supreme Court against a decision to which subclause (1) applies if— (a) the Privy Council has already heard or begun hearing an appeal against it; or (b) (c) (d) a New Zealand court has declined to give leave to appeal to the Privy Council against it and the Privy Council has not later given special leave to appeal against it; or the Privy Council has declined to give special leave to appeal against it; or all the parties to the proceeding in which it was made have not agreed in writing that an application should be made to the Supreme Court for leave to appeal to the Supreme Court against it.
20 25 Subclause (2) overrides sections 68 to 71.
Compare: 2003 No 53 s 51 Transitional effect of sections 42 and 49 of Supreme Court Act 2003 30 The following applications must be determined as if sections 42 and 49 of the Supreme Court Act 2003 had not been enacted: (a) all applications to a New Zealand court (whether made before, on, or after 1 January 2004) for leave to appeal to the Privy Council against— (i) (ii) a decision of a New Zealand court made before 1 January 2004; or 35 a decision of the Court of Appeal delivered after 31 December 2003 in a proceeding whose hearing was completed before 1 Janu- ary 2004: (3) 5 (1) 114 Senior Courts Bill Schedule 4 (b) all applications to the Privy Council (whether made before, on, or after 1 January 2004) for special leave to appeal to it against— (i) (ii) a decision of a New Zealand court made before 1 January 2004; or a decision of the Court of Appeal delivered after 31 December 2003 in a proceeding whose hearing was completed before 1 Janu- ary 2004.
5 (2) All appeals that, by virtue of clause 3(1), the Privy Council may hear and de- termine, or continue to hear and determine, must be heard and determined as if— (a) (b) sections 42 and 49 of the Supreme Court Act 2003 had not been enacted; and 10 the reference in section 112(1) of the Credit Contracts and Consumer Fi- nance Act 2003 to the Supreme Court included a reference to the Privy Council.
Compare: 2003 No 53 s 52 6 No new rights of appeal against decisions made before 1 January 2004 (1) A person does not have a right to appeal to a particular New Zealand court or the Privy Council on any grounds against a decision made before 1 January 2004 unless, when the decision was made, the person had the right to appeal against the decision to that court on those grounds.
(2) Subclause (1) does not limit or affect the right of any person to appeal to a New Zealand court on any grounds against a decision made— (a) (b) on or after 1 January 2004; but on appeal against a decision— (i) made before 1 January 2004; or (ii) made at any time on appeal against a decision made before 1 January 2004.
Compare: 2003 No 53 s 54 Part 2 Other provisions relating to senior courts 7 Interpretation In this Part, unless the context otherwise requires,— judicial officer means a Judge, an acting Judge, a Registrar, or a Deputy Registrar of a senior court proceedings includes actions and matters relevant Act means the Judicature Act 1908 or the Supreme Court Act 2003.
15 20 25 30 35 115 Schedule 4 Senior Courts Bill Judicial officers of senior courts 8 (1) Judicial officers to continue in office This clause applies to every person who is a judicial officer under the relevant Act immediately before the commencement of this clause.

(2) A judicial officer to whom this clause applies continues to hold his or her 5 judicial office under the conditions of his or her appointment.
Other officers of senior courts 9 (1) Other officers of court to continue in office This clause applies to every person who is an officer of a court (other than a judicial officer as defined in clause 7) under the relevant Act immediately be- fore the commencement of this clause.

10 (2) An officer to whom this clause applies continues to hold his or her office sub- ject to this Act.
Proceedings and other matters 10 Proceedings, etc, continue under relevant Act (1) All proceedings pending or in progress in a court operating under the relevant Act immediately before the commencement of this clause may be continued, completed, and enforced only under the relevant Act (including the relevant rules of court) as if that Act had not been repealed by this Act.
(2) All jurisdictions, offices, appointments, Orders in Council, orders, warrants, rules, regulations, seals, forms, books, records, instruments, and generally all acts of authority that originated under the relevant Act or another enactment continued or repealed by this Act, and that are subsisting or in force on the commencement of this clause, have full effect as if they had originated under the corresponding provisions of this Act and, where necessary, must be treated as having originated under this Act.
(3) 11 (1) This clause is subject to clause 11.

Proceedings subject to former High Court Rules In this clause, former High Court Rules 2016 means the High Court Rules 2016 as in force immediately before the commencement of this clause 1 March 2017.

(2) A proceeding that is pending on the commencement of this clause 1 March 2017 must be continued, completed, and enforced under the High Court Rules 2016 set out in Schedule 1 as in force immediately after that date, except as provided in subclause (3).
(3) A proceeding that is pending on the commencement of this clause 1 March 2017 must be dealt with as if— 15 20 25 30 35 116 Senior Courts Bill Schedule 4 (a) (b) (c) Part 29 of the former High Court Rules 2016 (if applicable) were in force: the provisions of the former High Court Rules relating to interest on money claims (if applicable) were in force in place of the corresponding provisions of the High Court Rules set out in Schedule 1: the provisions of the former High Court Rules 2016 referring to section 26P of the Judicature Act 1908 were in force.
5 12 (1) Continued effect of transitional provisions in former High Court Rules The repeal of the Judicature Act 1908 does not affect the operation of the tran- sitional provisions in— 10 (a) (b) rule 9 of the High Court Amendment Rules 2009; or rule 7 of the High Court (Access to Court Documents) Amendment Rules 2009; or (c) rule 5 of the High Court Amendment Rules 2010.
(2) So far as the enactments referred to in subclause (1)(a) to (c) may be applic- able, they continue to have effect as if the Judicature Act 1908 had not been repealed.

15 · · · · · Legislative history 14 September 2016 Divided from Judicature Modernisation Bill (Bill 178–2) as Bill 178–3A Wellington, New Zealand: Published under the authority of the House of Representatives—2016 117